Madras High CourtCRL OP(MD)/11107/2019dismissed

Saravnakumar v. The Superintendent Ofpolice

2019-08-07Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11107 of 2019 S.Saravanakumar : Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Y.Othakadai Police Station, Othakadai, Madurai.

3. Muthukumari : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the first respondent to direct the second respondent police to provide adequate police protection to the life and limb of the petitioner and his family from the abusive and threatening acts of the third respondent by considering the petitioner's complaint dated 27.07.2019 within the stipulated time and to submit final report, within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second respondent police to provide adequate police protection to the life and limb of the petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the official respondents. Considering the nature of the order going to be passed in this petition, notice to the third respondent is dispensed with.

3. The grievance of the petitioner is that the third respondent, who is none other than the petitioner's sister, along with rowdy elements had demolished the property belongs to the petitioner. Hence, the petitioner has given a complaint before the second respondent and a case in Crime No.218 of 2019 has also been registered against the third respondent. Even after registration of the said FIR, the third respondent is disturbing the petitioner's possession of the property in question. Hence, the petitioner has filed the present petition.

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4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the official respondents, on instructions, would submit that the petitioner and the third respondent are brother and sister. There is a civil dispute pending between the parties. Earlier the petitioner has given a complaint against the third respondent alleging that the third respondent had demolished the house of the petitioner. Based on the same a case was registered in Crime No.218 of 2019 for the offences punishable under Sections 294(b), 323, 324, 442, 427, 379 and 506(ii) IPC and investigation on the same is pending.

5. It is a settled law that, if the dispute is of civil nature, then, the police shall not interfere in it. If at all the petitioner has any grievance, it is always open to him to approach the civil Court and get appropriate order. In view of the above, no relief can be granted in this petition. Accordingly, this Criminal Original Petition dismissed.

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

2.The Inspector of Police, Y.Othakadai Police Station, Othakadai, Madurai.

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

+1 CC to Mr.A.HAJA MOHIDEEN, Advocate (SR-80182[F] dated 07/08/2019 ) CRL.O.P.(MD).No.11107 of 2019 07.08.2019 ta MK (28.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/