Madras High CourtCRL OP(MD)/13830/2021disposed of

S.Murugesan v. The Superintendent Of Police

2021-09-20Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.13830 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.13830 of 2021 S.Murugesan ... Petitioner Vs.

1.State Rep.by The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Melur Police Station, Melur, Madurai-District.

3.Chandrasekaran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to provide police protection to the life and limb of the petitioner herein and to his property situate in Re.S.Nos.195/1 extent 0.37.0, 47 cents, locate at Navinipatti Village, Melur Taluk, Madurai District from the illegal interference of the third respondent. For Petitioner : Mr.M.Sathiamoorthy For Respondents : Mr.K.Sanjai Gandhi Government Advocate for R1 to R2 Mr.S.M.A.Jinnah for R3

ORDER

This petition has been filed seeking direction to the respondents 1 and 2 to provide police protection to the life and limb of the petitioner herein and to his property situate in Re.S.Nos.195/1 extent 0.37.0, 47 cents, locate at Navinipatti Village, Melur Taluk, Madurai District from the illegal interference of the third respondent.

2.The learned counsel for the third respondent would submit the third respondent has filed a suit in O.S.No.32 of 2019 on the file of the District Munsif Court, Melur even though, the petitioner is in possession and enjoyment of the property situated in Survey Nos.195/1 extent 0.37.0, 47 cents.

3.The learned counsel for the petitioner would submit that no interim order has been passed in the above said suit, inspite of that the third respondent making continuous trouble to the petitioner. Hence, the petitioner made a complaint before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13830 of 2021 respondent police. Till now, the complaint has not been considered by the respondent police.

4.The learned Government Advocate appearing for the respondents 1 and 2 submitted that based on the complaint given by the petitioner, enquiry was undertaken and FIR has also been filed against the accused persons.

5. In the said circumstance, granting of police protection to the petitioner may not arise. Hence, nothing survives for further consideration or direction in this matter. Accordingly, this Criminal Original Petition is disposed of as infructuous and liberty is granted to the parties to workout their remedy through proper proceedings.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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, Madurai District.

2.The Inspector of Police, Melur Police Station, Melur, Madurai-District.

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD)No.13830 of 2021 20.09.2021 SRR(CO) KB(12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2