M.K.Ramanathan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11016 of 2019 M.K.Ramanathan : Petitioners Vs.

1.The State represented by the Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Thilagar Thidal, Madurai City.

3.The Inspector of Police, S.S. Colony Police Station, Madurai City.

4.P.S.A.Akkiasamy : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the respondents to give Police protection to the petitioner and his wife to enter into their property. For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. side) ******

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent Police to give Police protection petitioner.

2.The grievance of the petitioner is that the petitioner has purchased a land from one Jeyalakshmi. At that time, the fourth respondent claiming to be a sub tenant under the petitioner's vendor, occupying the ground floor of the property and creating trouble to his peaceful possession of the property. Hence, he made a representation to the third respondent seeking Police protection. Since the representation has not been considered by the respondent Police, the present petition has been filed.

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3.Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents, on instructions, submitted that based on a complaint given by the petitioner, enquiry has been conducted, in which, both the petitioner and the fourth respondent appeared, during enquiry, both parties have given a statement that they will resolve their dispute before the competent Civil Court. After recording the statement of the parties, the respondent Police closed the complaint.

4.Considering the facts and circumstances of the case that both parties have agreed to resolve their dispute before the competent Civil Court, at this stage, the prayer sought for by the petitioner cannot be granted.

5.The Criminal Original Petition stands dismissed accordingly.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Thilagar Thidal, Madurai City.

3.The Inspector of Police, S.S. Colony Police Station, Madurai City.

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

Order made in CRL.O.P.(MD).No.11016 of 2019 Dated:

05.08.2019 tsg JMN(19.08.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/