Madras High CourtCRL OP(MD)/18319/2022disposed of

Anand v. The Superintendent Of Police

2022-10-28Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.18319 of 2022 Anand

...Petitioner

1. The Superintendent of Police Madurai District, Madurai

2. The Deputy Superintendent of Police Usilampatti Madurai District

3. The Sub Inspector of Police Uthappanaickanur Police Station, Madurai District

4. Ashok

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the third Respondent to give police protection for alignment life and secure the Petitioner based on the representation dated 06.10.2022 within the period stipulated by this Court. For Petitioner : Ms.C.R.Ponnuthai For R1 to R3 : Mr.R.Suresh Kumar Government Advocate(Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the third Respondent to consider the representation dated 06.10.2022 within the period stipulated by this Court.

2. The Petitioner herein and the fourth Respondent are brothers. There was partition of the property. After partition, the Petitioner and the fourth Respondent enjoyed their respective portion. There is some dispute regarding boundary.

3. The learned Government Advocate(Crl.Side) would submit that based on the complaint preferred by the Petitioner First Information Report came to be registered in Crime No.138 of 2022. Subsequently fresh complaint has been sent by the Petitioner through RPAD.

4. Considering the dispute between the Petitioner and the fourth Respondent arising out of partition the Petitioner is directed to seek remedy from the Civil Court. In the civil dispute, the Respondents 1 to 3 cannot take any action under the criminal law. 2/4

5. This Criminal Original Petition is disposed of with the above direction. The Petitioner is directed to seek remedy as per law from the Civil Court.

28.10.2022 Internet:Yes./No Index:Yes/no aav To

1. The Superintendent of Police Madurai District, Madurai

2. The Deputy Superintendent of Police Usilampatti Madurai District

3. The Sub Inspector of Police Uthappanaickanur Police Station, Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.18319 of 2022 28.10.2022 4/4