Karuppana Thevar v. The Superintendent Of Police
Crl.O.P.(MD) No.14559 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14559 of 2021 Karuppanna Thevar ... Petitioner Vs.
1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Inspector of Police, Perunali Police Station, Ramanathapuram District.
3.Kalimuthu ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the respondents 1 and 2 to give police protection for life and limb of the petitioner, family members. For Petitioner : Mr.S.Muniyandi For R1 and R2 : Mr.RMS.Sethuraman Additional Public Prosecutor
ORDER
This petition is filed seeking direction to the respondents 1 and 2 to give police protection, on the basis of the representation dated 13.09.2021.
2.The learned counsel appearing for the petitioner would submit that the property in S.No.252/8 situated at Nedunkulam Revenue Village, Annavi, Kadaladi Taluk, Ramanathapuram District belongs to the petitioner and the 3rd respondent, who is the distant relative, without any documents filed a suit in O.S.No.68 of 2016 for partition before the District Munsif Court, Mudukulathur. He has also filed an interlocutory application in I.A.No.396 of 2016 seeking injunction. That was dismissed on 20.09.2016, against which, CMA.No.21 of 2017 has been filed. That was also dismissed on 04.02.2021. Based upon the aforesaid civil Court proceedings, now the petitioner gave a representation seeking police protection. 3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that based upon the representation made by this petitioner, enquiry is underway in CSR.No.126 of 2021 and both parties were summoned.
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Crl.O.P.(MD) No.14559 of 2021 4.Considering the facts and circumstances of the case, the question of granting police protection at the hands of the 2nd respondent may not arise at this stage. The petitioner has to workout his remedy only in the aforesaid pending suit. Depending upon the outcome of the civil proceedings only, the 2nd respondent may take further steps, if necessity arises. I find no merit in this petition. This petition deserves to be dismissed and accordingly, it stands dismissed with the aforesaid liberty.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Ramanathapuram District, Ramanathapuram.
2.The Inspector of Police, Perunali Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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