Madras High CourtCRL OP(MD)/13268/2024dismissed

V.Balasinthan v. The Superintendent Of Police

2024-08-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR V.Balasinthan ... Petitioner Vs.

1.State rep. by The Superintendent of Police, Dindigul District, Dindigul.

2.State rep. by The Inspector of Police, Dindigul South Town Police Station, Dindigul District.

3.Alagarsamy 4.Kailasam 5.Murugan 6.Silambu Selvan 7.Kumaresan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to give necessary police protection to 1/4

the life and limb of the petitioner, on the basis of the petitioner's representation dated 13.07.2024.

For Petitioner : Mr.K.Asok Kumar Ram For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For R3 to R7 : Mr.R.Sankar Ganesh

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents 1 and 2 to give necessary police protection to the life and limb of the petitioner, on the basis of the petitioner's representation dated 13.07.2024.

2. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.227 of 2024 against the respondents 3 to 7 for the offences under Sections 191(2), 126(2), 115(2) and 351(2) BNS, that on the basis of the complaint given by the third respondent, 2 FIRs came to be registered in Crime No.226 of 2024 for the offences under Sections 296(b) and 351(3) 2/4

BNS against the petitioner and one Parimala and Crime No.250 of 2024 for the offences under Sections 329(3), 296(b) and 351(3) BNS against the petitioner and that investigation is pending.

3. It is not in dispute that there existed temple festival dispute between the petitioner and the private respondents.

4. Since case and case in counter are pending, it is for the second respondent to find out the aggressor and at this stage, the question of seeking police protection does not arise at all. Hence, the Criminal Original Petition is dismissed.

14.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Dindigul South Town Police Station, Dindigul District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 14.08.2024 4/4