Madras High CourtCRL OP(MD)/10724/2020dismissed

M.Kannan v. The Superintendent Of Police

2020-10-05Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10724 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.10724 of 2020 M.Kannan ... Petitioner Vs.

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

2. The State rep. by The Inspector of Police, (Law and Order) Elumalai Police Station, Madurai District.

3.Durairaj ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the 1st and 2nd respondents to give adjudicated police protection to petitioner and consider the petitioner's representation dated 26.09.2020.

For Petitioner : Mr.K.Pandiyarajan For Respondents : Mr.V.Neelakandan, Addl. Public Prosecutor for R1 & R2.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first and second respondents.

2.It is submitted by the first and second respondents that the complaint given by the petitioner was enquired into and closed. 3.The petitioner states that at the instance of the third respondent an FIR has been falsely registered against him. If the petitioner has been falsely implicated in a criminal case, then the remedy open to the petitioner is either to file quash petition or apply for anticipatory bail or both.

4.The petitioner states that he should be given police protection because the third respondent is committing an act of encroachment. If that be so, it is for the petitioner to move the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10724 of 2020 jurisdictional civil court for the relief of injunction. Without getting his rights declared by the civil court, it is not open to the petitioner to maintain this petition under Section 482 of Cr.P.C.

5.Leaving open the rights of the petitioner, this criminal original petition is dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

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

2. The Inspector of Police, (Law and Order) Elumalai Police Station, Madurai District.

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

Crl.O.P.(MD)No. 10724 of 2020 05.10.2020 PK(CO) CS(15.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2