Kelakottai Thevaingar Mahajana Shabai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16464 of 2022 Kelakottai Devangar Mahajana Shabai, Represented by its Secretary, K.Ravi Kumar, Kelakottai Thevangar Mahajana Shabai, Kelakottai, Chinnalapatti, Dindigul District.

... Petitioner Vs.

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

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

3.The Tahsildar, Office of the Tahsildar, Kelakottai, Chinnalapatti, Dindigul District.

4.Ramalingam 5.Vasudevan 6.Saundaiyan ... Respondents 1/5

PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 & 2 to provide adequate police protection to the petitioner for the life and limb.

For Petitioner : Mr.S.Manoj Kumar For R1 to R3 : Mr.B.Nambiselvan Additional Public Prosecutor For R4 to R6 : Mr.T.Selvan

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 & 2 to provide adequate police protection to the petitioner's life and limb.

2. The case of the prosecution is that the petitioner is the Secretary of Devangar Mahajana Shabai. The election was held on 28.03.2022 and the petitioner and other persons were elected by the people voice vote for the period of three years. But, the same was objected by the respondents 4 to 6 and they issued pamphlets as if they are the elected representatives of the said Shabai. Due to which, there was dispute in between the petitioner's group and the private respondent's group and the same was landed before the third respondent under Section 145 of Cr.P.C., The third respondent conducted Peace Committee Meeting. In the mean while, the private respondents made life threat to the petitioner. Thereby, the present petition has been filed by the petitioner with the above said prayer.

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3. The learned counsel for the petitioner would submit that till the conclusion of Peace Committee Meeting, this Court may provide police protection to the life and limb of the members of the Society.

4. The learned counsel appearing for the private respondents would submit that the petitioner is a History Sheeter and two previous cases are pending against him in respect of the offences under Sections 302 IPC and 307 IPC. Such a person claiming police protection from the Law Enforcing Agency is not acceptable one. Accordingly, he prayed for dismissal of this petition.

5. The learned counsel appearing for the Additional Public Prosecutor would submit that there is a private dispute in between the petitioner's group and the respondent's group. Already, the petitioner is facing two criminal cases in respect of 302 IPC offence and 307 IPC offence. Hence, such a person asking police protection for his life and limb is not acceptable one.

6. In view of the same, this Criminal Original Petition is dismissed. However, the respondent police ensure the safety of the petitioner. 20.02.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No dss 3/5

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

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

3.The Tahsildar, Office of the Tahsildar, Kelakottai, Chinnalapatti, Dindigul District.

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

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M.DHANDAPANI, J.

dss Crl.O.P.(MD)No.16464 of 2022 20.02.2024 5/5