Madras High CourtCRL OP(MD)/13409/2024dismissed

Sirajudeen v. The Commissioner Of Police

2024-08-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM

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

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.State rep. By the Inspector of Police, Tirunelveli Medical College Police Station, Maharaja Nagar, Tirunelveli District.

3.Haleema Beevi 4.Harunisha ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner and his family members based on the petitioner's representation, dated 15.07.2024. For Petitioners : Mr.M.Thangadurai For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 and R2.

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ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner and his family members based on the petitioner's representation, dated 15.07.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the petitioner, CSR.No.39 of 2024 came to be registered and despite receipt of notice, the petitioner has not turned up. But on the other hand, the private respondents have attended enquiry.

3. Moreover, it is evident from the petitioner's affidavit that there existed property dispute between the petitioner and the private respondents and that the respondents 3 and 4 are none other than the mother and the sister of the petitioner. Hence, this Court is not inclined to grant any relief claimed by the petitioner.

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4. Accordingly, the Criminal Original Petition is dismissed. The petitioner is at liberty to approach the competent Civil Court, if so advised. 16.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli Medical College Police Station, Maharaja Nagar, Tirunelveli District.

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

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K.MURALI SHANKAR,J.

DAS Order made in Dated: 16.08.2024 4/4