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Madras High CourtCRL OP(MD)/18824/2023dismissed

Mahendran v. The Superintendent Of Police

2023-10-19Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18824 of 2023 Mahendran

...Petitioner

Vs.

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

2.The Sub-Inspector of Police, Vattathikottai Police Station, Thanjavur District.

3.Krishnamoorthy 4.Madhubala

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Respondents 1 & 2 to provide adequate Police Protection to the life and limb of the petitioner and his family members as against from the Respondents 3 & 4, by considering the petitioner's representation dated 07.10.2023. For Petitioner :Mr.K.Malaimaran For Respondent :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) 1/5

O RDER This criminal original petition has been filed seeking direction to the Respondents 1 & 2 to provide adequate Police Protection to the life and limb of the petitioner and his family members as against the Respondents 3 & 4, by considering the petitioner's representation dated 07.10.2023. 2.When the petitioner moved earlier application for similar relief in Crl.O.P.(MD).No.8282 of 2023, it was submitted by the learned Additional Public Prosecutor that there was no threat to the petitioner at the hands of the private respondents namely the third respondent in that matter. Hence, liberty was granted to the petitioner to approach the concerned authority, if any threat exists. 3.Now, it has been submitted that another representation is made on 07.10.2023, stating that on 30.09.2023 at about 09.00 a.m.

, when he was ploughing his field, the counter parties came there, picked up quarrel and prevented them from ploughing the land. Over which, on 30.09.2023 another complaint was given. During the course of the enquiry, undertaking was given by opposite party. Police also advised them to cultivate their respective lands.

on 06.10.2023 at about 10.00 a.m., the counter parties trespassed into the property, damaged the motor pump set room, caused intimidation. Over which, the above said complaint has been given.

4.The learned Additional Public Prosecutor would submit that the above said complaint is pending. In view of the above said submissions, there shall be a direction to the respondent police to enquire the complaint lodged by the petitioner dated 07.10.2023, within a period of fifteen days from the date of receipt of a copy of this order, by summoning both the parties. Depending upon the outcome of the enquiry, the parties shall workout their remedy through appropriate proceedings. Repeated filing of the petitions before this Court seeking very same relief cannot be appreciated and permitted. It is also seen that both are own brothers. They can resolve their issues amicably either by themselves or through appropriate civil process. 5.Accordingly, this criminal original petition stands dismissed. 19.10.2023 3/5

NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Sub-Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

4/5

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.18824 of 2023 19.10.2023 5/5