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Madras High CourtCRL OP(MD)/8385/2023allowed

J.Nirmala @ Manjula v. The Superintendent Of Police

2024-08-28Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.08.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.8385 of 2023 J.Nirmala @ Manjula ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2. The Inspector of Police, Theni Town Police Station, Theni District.

3. I.Dharmar ... Respondents PRAYER :- Criminal Original Petition filed under Section 528 BNSS, to provide adequate police protection to the life and limb of the petitioner and his family members to enjoy his property in Survey No.108/1, in an extent of 2 acres 34 cents, situated at Thamaraikulam, Allinanagaram Theni District in the light of decree passed in O.S.No.416 of 2006 dated 29.01.2013 and take appropriate action against the third respondent within the time framed by this Court.

For Petitioner : Mr.Thirumurugan.T For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-3 : Mr.M.Pounraj

ORDER

This Criminal Original Petition has been filed seeking a direction against the respondent police to provide police protection to the petitioner's life and limb and his family members.

2. It is seen that already the dispute between the parties has been adjudicated by the Court and the judgment and decree dated 29.01.2013 is passed in O.S.No.416 of 2006. Even though, it is stated that an appeal is filed against the said decree, there is no interim order which is granted by the appellate Court. In that view of the matter, the respondent police have to grant protection to the petitioner strictly in terms of the findings of the civil Court.

3. Accordingly, this Criminal Original Petition is allowed. 28.08.2024 Internet : Yes Index : Yes/ No NCC : Yes/No jbr

TO

1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2. The Inspector of Police, Theni Town Police Station, Theni District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

D.BHARATHA CHAKRAVARTHY,J jbr

ORDER

IN CRL OP(MD) No.8385 of 2023 Date : 28.08.2024