C.Elamparithi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11006 of 2024 C.Elamparithi ... Petitioner Vs 1.The Superintendent of Police, Dindigul District, Dindigul.

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

3.Arumugam

4. Ramathal

5. Sabarinathan

6. Maruthamuthu

7. Marumuthu

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to give necessary police protection to the life and limb of the petitioner and his family members from the 3 to 7 respondents on the basis of the petitioner's representation dated, 15.07.2024.

For Petitioner : Mrs.J. Balameenakshi, For R1 and R2 : Mr.P.Kottaichamy, Government Advocate (Crl.side) 1/5

O R D E R

Seeking police protection, the petitioner has approached this Court.

2.The learned counsel appearing for the petitioner submits that the petitioner has received threat from the private respondents 3 to 7, for which, he has lodged a complaint. However, the complaint has not been acted upon by the respondent police.

3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side) appearing for the respondents 1 & 2 submits that the petitioner has procured milk from various persons and failed to make payment. There is a money dispute between the petitioner and the private respondents, in respect of procurement of milk. The petitioner in order to evade the payment has lodged a complaint before the respondent police. He further submits that the complaint of this petitioner was enquired in CSR No.255 of 2024 on 13.07.2024.

4.This Court considered the rival submissions made. 2/5

5.The petitioner has lodged a complaint as if the private respondents have attempted to assault and criminally intimidated the petitioner. In the event, if any occurrence has taken place as alleged by the petitioner, the respondent police is expected to take appropriate action on his complaint. In case, if there is a money dispute, the petitioner may be advised to work out his remedy before the civil Court. The petitioner is not justified in filing this petition, seeking police protection for this kind of dispute.

6.In view of the above, this Court is inclined to dismiss this Criminal Original Petition with a cost. However, considering the fact that this dispute is arising out of milk procurement, this Criminal Original Petition is dismissed without any cost.

22.07.2024 NCC : Yes/No Index : Yes/No vrn 3/5

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

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

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

4/5

B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.11006 of 2024 22.07.2024 5/5