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Madras High CourtCRL OP(MD)/11193/2019dismissed

A.Nagaraj v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.11193 of 2019 A.Nagaraj : Petitioner

Versus

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

2.The Inspector of Police, Palani Taluk Police Station, Neikarapatty, Palani Taluk, Dindigul District.

3.E.Renuka 4.Elancheliyan 5.M.Dhandapani : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code to direct the respondents 1 and 2 to provide adequate police protection to the petitioner's life and limb by taking appropriate action against the respondents 3 to 5 based on the petitioner's complaint dated 28.07.2019 and 31.07.2019. For Petitioner : Mr.M.Ramu For R-1 & R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

O R D E R

This petition has been filed seeking a direction to the respondent Police not to harass the petitioner. 2.The grievance of the petitioner is that he is a lawful lessee under one Dhanasekaran and running a business there, whereas, the third respondent is claiming the title over the property, said to have executed a lease deed in favour of the fifth respondent. Based on that, the fifth respondent is preventing the petitioner from running the business and also harassing the petitioner. Hence, he filed a petition before the second respondent Police seeking Police protection. Earlier, a complaint has been given by the respondents 3 to 5 and the second respondent Police has registered the First Information Report against him. In the above circumstances, the petitioner has filed the present petition.

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3.Admittedly, there is a civil dispute between the parties and the First Information Report is pending against the petitioner and at this stage, the prayer sought for by the petitioner cannot be granted. The Criminal Original Petition stands dismissed accordingly. However, considering the fact that the petitioner's complaint dated 31.07.2019 is pending with the second respondent, the second respondent is directed to consider the same and pass suitable orders, as expeditiously as possible. Sd/- Assistant Registrar(AS) // True Copy // Sub Assistant Registrar(CS) Tsg TO 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Palani Taluk Police Station, Neikarapatty, Palani Taluk, Dindigul District.

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

Order made in Crl.O.P.(MD) No.11193 of 2019 08.08.2019 SGS(CO) TR (30.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/