Kundu @ Krishna Perumal v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.14722 of 2023 Kundu @ Krishna Perumal ... Petitioner Vs.

1. The Deputy Superintendent of Police, Srivaikundam Sub Division, Srivaikundam,Thoothukudi District.

2. The Inspector of Police Eral Police Station, Thoothukudi District.

3. Soori @ Selvakumar ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, directing the 1st and 2nd respondents herein to provide necessary police protection for the life and limb of the petitioner, the petitioner's complaint dated 25.04.2023.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1&2

ORDER

The petitioner seeks police protection to him.

2. Heard the learned counsel on either side.

3. The grievance of the petitioner is that the even though the lease period has come to an end, the private respondent/ third respondent is threatening the life and limb of the petitioner, seeking for money, which he is claiming due out of the said business. The petitioner is not liable to pay any money to the third respondent. Therefore, he lodged a complaint before the respondent police and hence, he has come up with this petition seeking police protection.

4. When the matter came up for hearing, the learned Government Advocate (Criminal Side) would submit that there is a case and counter . The petitioner had lodged a complaint as against the private respondent and the private respondent had lodged a complaint against the petitioner. Both were given C.S.R. numbers and were taken up for enquiry. In the course of enquiry, it is stated that the petitioner has given in writing by stating that since the lease has come to an end, further action need not be pursued.

5. According to the learned counsel for the petitioner, further action has to be pursued and the petitioner could not have given such an undertaking, because the threat is for the life and limb of the petitioner. If that be so, if the petitioner's complaint is closed, it will be open for the petitioner to take such steps as may be permissible under law as enunciated by the Honourable Supreme Court of India in Lalitha Kumari Vs Government of Uttar Pradesh and others reported in (2013) 14 SCR 801.

6. With the above said liberty preserved to the petitioner, this Petition stands disposed of.

11.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO

1. The Deputy Superintendent of Police, Srivaikundam Sub Division, Srivaikundam,Thoothukudi District.

2. The Inspector of Police Eral Police Station, Thoothukudi District.

D.BHARATHA CHAKRAVARTHY,J LS

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

ORDER

IN CRL OP(MD) No.14722 of 2023 Date : 11.09.2024