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Madras High CourtCRL OP(MD)/11015/2022closed

P.Malliga v. The Superintendent Of Police

2022-06-22Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

1. P.Malliga

2. Natarajan

3. Nimalan

4. Samundeeswari

5. Vidyasree

6. Rajasree ... Petitioners Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

3.Jeyachandran ... Respondents PRAYER: Criminal Original Petition has filed under Section 482 of Cr.P.C, praying to direct the respondents 1 and 2 to provide adequate police protection to the petitioners based on the representation of the petitioners dated 27.05.2022. For Petitioners : Mr.T.A.Ebenezer, For Respondents : Mr.R.Suresh Kumar, Government Advocate(Crl.Side) for R1&R2 Mr.K.Jeyamohan for R3

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to provide adequate police protection to the petitioners, based on the representation of the petitioners dated 27.05.2022.

2.The learned counsel for the petitioners submitted that the first petitioner is the sister of the third respondent, the petitioners 2 and 3 are the son of the first petitioner and the petitioners 4 to 6 are the third respondent brother's daughter. He 1/3

further submitted that the mother of the petitioners 4 to 6 died in the year 2021 after that there is dispute regarding the house. The third respondent tried to grab the property through the petitioners then they gave a representation dated 27.05.2022 for police protection.

3.The learned counsel appearing for the third respondent submitted that previously the third respondent has given a criminal complaint against the petitioners which was registered in Crime No.164 of 2022 on the file of the Silaiman Police Station on 27.04.2022 under Sections 294(b) and 506(2) IPC. In that case, the petitioners/accused are not appeared before the police and absconded to evade with the criminal proceedings. Hence, the petitioners filed this petition seeking police protection from the police. 4.The learned Government Advocate (Criminal Side) submitted that the representation given by the petitioners received on 27.05.2022. He further submitted that a case has been given by the third respondent against the petitioners, which was registered in Crime No.164 of 2022.

5.I have considered the submissions of the learned counsel appearing for the petitioners, the learned Government Advocate (criminal side) appearing for the respondent police and the learned counsel for the third respondent.

6.On perusal of the records, it is seen that the petitioners and the third respondent are close relatives. After the death of the mother of the petitioners 4 to 6, there was a dispute with regard to holding the family property. There was a criminal case has already been registered against the petitioners by the third respondent in Crime No.164 of 2022.

7.Under these circumstances, I find no merit in the petition for providing police protection to the petitioners, if any criminal activities done by the third respondent, liberty is given to the petitioners to approach the police for taking action against the third respondent.

8.In the result, this Criminal Original Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) Csm 2/3

To:

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

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

+1 CC to M/s.K. JEYAMOHAN, Advocate ( SR-27559[F] dated 22/06/2022 ) +1 CC to M/s.T.A. EBENEZER, Advocate ( SR-27560[F] dated 22/06/2022 ) 22.06.2022 RD(29.06.2022) 3P 6C 3/3