Paramasivam v. The Superiuntendent Ofpolice

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10525 of 2019 Paramasivam : Petitioner Vs.

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

2.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

3.Uthirakumar 4.Ambika : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code directing the second respondent to provide adequate Police protection for the petitioner and his family members for his life and limb and also for cultivation based on the petitioner's complaint dated 01.07.2019.

For Petitioner : Mr.G.Gomathi Sankar For R-1 & R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) ******

ORDER

This Criminal Original Petition has been filed seeking Police protection to the petitioner.

2.The grievance of the petitioner is that there is a civil dispute between the petitioner and the third and fourth respondents. Now, pending civil suit, the third and fourth respondents are threatening the petitioner with dire consequences and also preventing him from enjoying the property. In the above circumstances, he has given a complaint before the second respondent Police seeking for Police protection. But, his complaint was not considered so far. Hence, the present petition has been filed. 3.Today, when the matter was taken up for hearing, the learned Government Advocate (Crl. side) appearing for the State, on instructions, submitted that admittedly, civil suits filed by the petitioner as well as the fourth respondent are pending before the concerned Civil Court and based on a complaint given by the https://hcservices.ecourts.gov.in/hcservices/

petitioner, an enquiry has been conducted and the third respondent has given a statement that he will work out his remedy before the concerned Civil Court. But the petitioner did not appear for enquiry. In the above circumstances, the respondent Police is not able to proceed further with the enquiry.

4.Considering the facts and circumstances of the case and also considering the fact that the enquiry is still pending, the petitioner is directed to appear for enquiry and co-operate with the enquiry. At this stage, the relief sought for by the petitioner cannot be granted.

5.With the above direction, the Criminal Original Petition stands closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

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

+1 CC to M/s.G.GOMATHISANKAR, Advocate ( SR-77508[F] dated 25/07/2019 ) Order made in CRL.O.P.(MD).No.10525 of 2019 25.07.2019 KK/SAR/08.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/