Madras High CourtCRL OP(MD)/14658/2024dismissed

C.Janamo Jayan v. The Superintendent Of Police

2024-09-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.Janamo Jayan ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District. 2.The Assistant Superintendent of Police, Colachel, Kanyakumari District.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

4.Jeyapaul 5.Jeya Kumar 6.Saroja 7.J.Jenish Kumar ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1, 2 & 3 to provide adequate police protection to the petitioner as well as to the petitioner's property in Re-Sy.No. 292/4A, 292/4C of Middalam 'A' Village, Killiyoor Taluk, Kanyakumari District on the basis of the petitioner's representation dted 27.12.2023 and 08.01.2024.

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For Petitioner : Mr.R.Russel Raj For R1 to R3 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

This criminal original petition has been filed seeking orders to direct the respondents 1, 2 & 3 to provide adequate police protection to the petitioner as well as to the petitioner's property in Re-Sy.No.292/4A, 292/4C of Middalam 'A' Village, Killiyoor Taluk, Kanyakumari District on the basis of the petitioner's representation dted 27.12.2023 and 08.01.2024.

2.The learned counsel appearing for the petitioner would submit that the petitioner obtained a decree for declaration and possession and he took possession through Court and that subsequently, he was not possessed.

3.It is seen from the records that the petitioner, in the year 2022 has filed similar direction petition in Crl.O.P.(MD)No.7913 of 2022 and this Court directed the Police to consider his representation and disposed the said petition, vide order dated 22.06.2022, that subsequently, he filed 2/4

another petition in Crl.O.P.(MD)No.21540 of 2022 for Police protection and this Court vide order dated 13.12.2022, again directed the Police to consider the petitioner's representation and disposed of the petition and that thereafter, the petitioner has again filed petition in Crl.OP.(MD)No. 13816 of 2023 and this Court by observing that the petitioner was attempting to misguide the Court, that the petitioner, without approaching civil Court for getting protection for implementation of civil Court decree, has approached this Court by misrepresenting the Court and by giving criminal colour to the civil dispute, dismissed the petition with cost of Rs.1,000/-. The petitioner has filed the present petition for the very same relief.

4.Despite imposing of cost in the earlier order, the petitioner has once again filed the petition for the very same relief and hence, this Court is not inclined to give any relief to the petitioner. Accordingly, this criminal original petition is dismissed. 03.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns 3/4

K.MURALI SHANKAR,J.

gns To 1.The Superintendent of Police, Kanyakumari District. 2.The Assistant Superintendent of Police, Colachel, Kanyakumari District.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

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