Ganesh Kumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2024 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Ganesh Kumar 2.Somasundaram 3.Sivanthi @ Adaikkalathammal ... Petitioners Vs.
1.The Superintendent of Police, Theni District, Theni.
2.The Inspector of Police, Chinnamanur Police Station, Theni District.
3.Rathinagiri 4.Sakkaraiyammal ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to provide police protection to the life and limb of the petitioners from the third and fourth respondents and their henchmen.
For Petitioner : Mr.R.Murugappan 1/5
For R1 & R2 : Mr.P.Kottaichamy, Government Advocate(Crl.side)
ORDER
The petitioners have approached this Court seeking a direction to the second respondent to provide police protection to them. 2.The learned counsel appearing for the petitioners submits that the third respondent herein has trespassed into the house of the petitioners and assaulted them, for which, a case has been registered as against the third respondent in Cr.No.47 of 2024 for the offence under Sections 294(b), 447 and 323 IPC. The grievance of the petitioners is that the third respondent is threatening the petitioners to withdraw the above said case.
3.The learned Government Advocate(Crl.side) appearing for the first and second respondents submits that the petitioners and the private respondents are close relatives and there is a civil dispute between them. Further, he submits that on 17.01.2024, a complaint was received as 2/5
against the third respondent herein and based on which, an enquiry was initiated in CSR.No.72 of 2024 and the same was closed. Again, on 21.01.2024, another complaint was lodged by the second respondent, based on which, an enquiry was conducted in CSR.No.88 of 2024 and on 27.01.2024, the above said case was registered as against the third respondent. Thereafter, the third respondent on 09.06.2024, trespassed into the house of the petitioners, abused them and also threatened them with dire consequences. Therefore, the first petitioner lodged a complaint on 18.06.2024 before the Commissioner of Police and the same was forwarded to the second respondent police on 21.06.2024 and they have issued summons to the parties for their appearance. 4.
This Court considered the rival submissions made on either side and perused the materials available in the record. 5.It appears that there is a civil dispute between the petitioners and the private respondents, for which, two petition enquiries and one FIR have also been registered by the second respondent Police, on the complaints preferred by the petitioners. The second respondent police is taking appropriate actions in order to maintain peace between the parties.
If there is still tension prevailing between the parties, the officials shall take appropriate actions, in accordance with law. Accordingly, this criminal original petition is disposed of.
25.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, Theni District, Theni.
2.The Inspector of Police, Chinnamanur Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
B.PUGALENDHI,J gns 25.06.2024 5/5