Thamilarasu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Thamilarasu ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Krishnankovil Police Station, Virudhunagar District.

3.Vimalarani ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st and 2nd respondents to provide police protection to the life and limb of the petitioner against the lift threat perceived from the third respondent on the basis of the petitioner's complaint dated 23.08.2023. For Petitioner : Mr.T.Indrachithu For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/5

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police to provide adequate police protection to the petitioner's life and limb on the basis of the petitioner's representation, dated 23.08.2023.

2. According to the learned counsel for the petitioner, the petitioner is an absolute owner of the lands comprised in Survey Nos.741/1, 741/2, 745/1, 741/3, 706/1 situated at Sundarapandiam Village, Watrab Taluk, Virudhunagar District. It is submitted that the respondent no.2, who is none other than the wife of the petitioner's brother, has been intervening and tress-passing into the property, thereby, the petitioner has submitted an application before the respondent police on 21.08.2023 for providing police protection, however, no action has been taken by the police so far, therefore, sought for suitable directions.

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3. The learned Government Advocate (Crl.side) appearing for the respondents 1 & 2 submitted that basing on the representation dated 21.08.2023 of the petitioner enquiry was conducted and both parties appeared before the third respondent have informed to the police that civil suit is also pending in respect of the said property and considering the submissions made by both parties, it is reported that no offence is committed and therefore, directed the parties to approach the civil court.

4. Since the dispute between the petitioner and the third respondent is purely civil in nature and directed the parties to approach the civil court, no direction can be passed. Accordingly, this Criminal Original Petition is dismissed.

Speaking : Yes / No 07.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No am 3/5

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Krishnankovil Police Station, Virudhunagar District.

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

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DR.D.NAGARJUN. J.

am Crl.O.P.(MD)No.15633 of 2023 07.09.2023 5/5