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Madras High CourtCRL OP(MD)/17087/2023disposed of

Panjam.C v. The Superintendent Of Police

2024-09-11Honourable Mr Justice D.Bharatha Chakravarthy4 pages

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.17087 of 2023 Panjam.C ... Petitioner Vs.

1. The Superintendent of Police Madurai District, Madurai.

2. The Inspector of Police Kadupatti Police Station, Kadupatti, Madurai District.

3. C.Thangam

4. T.Ramesh

5. T.Raja ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, directing the respondents 1 and 2 to grant police protection for the life and limb on the basis of the petitioners representation dated 13.05.2023 within the time stipulated by this Court.

For Petitioners : Mr.P.M.Vishnuvarthanan For Respondent : Mrs.M.Aasha Government Advocate (Crl.Side)

ORDER

The petitioner has filed this petition for police protection.

2. Heard the learned counsel on either side.

3. The nature of dispute is between the brothers and already a civil suit which is pending in O.S.No.547 of 2023, the police can give protection one way or the other, as per the civil Court order / decree. As on date, there is no order of the Civil Court, even if the suit is filed by the private respondents for partition, if the petitioner feels that they are interfering with this possession, he can also move an injunction or he has to wait for the decree of the Civil Court, whereby the Civil Court will declare either the property belongs to the joint family or individually to the petitioner alone. Once the property is declared to be individual as the petitioner alone, then it would be open for the petitioner to move the respondent police for protection and accordingly, as per the order/findings of the Civil Court only, the respondent police will grant protection.

4. With such 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 Superintendent of Police Madurai District, Madurai.

2. The Inspector of Police Kadupatti Police Station, Kadupatti, Madurai District.

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

D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) No.17087 of 2023 Date : 11.09.2024