Madras High CourtCRL OP(MD)/15071/2018disposed of

Ponnar @ Mahamuni v. The Superintendent Of Police

2018-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15071 of 2018 Ponnar @ Mahamuni : Petitioner Vs.

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

2. The Inspector of Police, Somarasampettai Police Station, Trichy District.

3.Ganesan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the second respondent to give adequate police protection to the petitioner for the life and limb based upon the complaint of the petitioner dated 13.08.2018 in person. For Petitioner : Mr.T.P.Balasubramanian For R-1 and R-2 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side]

ORDER

The Criminal Original Petition has been filed for a direction to the second respondent to give police protection to the petitioner.

2. The learned counsel for the petitioner would submit that the petitioner has filed a suit in O.S.No.1458 of 2016 before the learned Additional Subordinate Judge, Trichy. In the said suit, the petitioner has also obtained an order of injunction in his favour in I.A.No.538 of 2016. The learned counsel would further submit that the third respondent, inspite of order of interim injunction, continuously violating the said order, assaulted and threatened the petitioner.

3. In a case of this nature, where there is a complaint with regard to violation of an order passed by a civil Court, more particularly when the order in question is an exparte injunction order, if there is violation of the said order, the parties will have to resort to remedies available under the C.P.C. The petition for police protection before this Court will not be maintainable.

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4. The petitioner is at liberty to approach the civil Court by filing an appropriate application against the third respondent, if there is violation of the interim order granted in his favour.

5. Accordingly, the Criminal Original Petition is disposed of. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Additional Subordinate Judge, Trichy.

2. The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

3. The Inspector of Police, Somarasampettai Police Station, Trichy District.

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

+1cc to Mr.T.P.Balasubramanian, Advocate Sr.No.80133 SJI VB/RSK/SAR1/14.09.2018/2P/6C Crl.O.P.[MD].No.15071 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/