Madras High CourtCRL OP(MD)/22760/2018disposed of

K. Rajeshwaran v. The Superintendent Of Police

2019-03-21Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.22760 of 2018 K.Rajeshwaran : Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

4.Tandeeswaran 5.Sivanraj : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to provide adequate police protection to the life and limb of the petitioner and his family members on the basis of the representation given by petitioner dated 06.12.2018.

For Petitioner : Mr.J.Anandkumar For R-1 to R-3 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner faces threat to his life, limb and liberty from the respondents 4 and 5, who are said to be his close relatives. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent Police. 3.The learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that earlier the petitioner had preferred a complaint accusing the respondents 4 and 5 of damaging his pipeline, based on which, a case in Crime No.381 of 2018 has been registered against them.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the petitioner would now

submit that the respondents 4 and 5 are obstructing him from harvesting the crop from his land.

5.In such circumstances, if the petitioner faces any real threat to his life, limb, liberty and right to his property, he is directed to give a fresh representation / complaint to the third respondent police, who shall cause such necessary enquiry on the same and try to take such appropriate decision to grant protection to the petitioner's life, limb, liberty and right to his property. So far as protecting the petitioner's right to property is concerned, if the enquiry discloses that it partakes the character of civil dispute, then the Police may not enter and the petitioner is directed to work out his remedy before the Civil Court as per law.

6.This criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS ) rmi/ta To 1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

1 CC to M/s.J.ANAND KUMAR, Advocate ( SR-55747[F] dated 21/03/2019 ) rmi/ta Crl.O.P.[MD]No.22760 of 2018 21.03.2019 DS/ /SAR- (23.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/