S.Jothi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR IN CRL OP(MD) No.14798 of 2024 S.JOTHI ... PETITIONER Vs 1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, THENI DISTRICT.
2 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DISTRICT.
3 VEERAPERUMAL ... RESPONDENTS Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the 1st and 2nd respondents to comply the order passed in Crl.OP(M) No.14798/2024 dt. 04.09.2024 and consequently provide the adequate police protection for the petitioners life and limb and property located in Survey No. 63/1 at Vaigai Dam Road, Thenkarai, Periyakulam, Theni District and grant such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice. Prayer in CRL OP(MD). 14798/ 2024 :
To direct the 1st and 2nd respondents herein to provide adequate police 1/4
protection to the petitioners life, limb and the property located in respected survey No. 63/1 at vaigai dam road, Thenkarai, Periyakulam, Theni District and his property on the basis of his representation dated 12.08.2024 given by Petitioner. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.VISHNU J, Advocate for the petitioner and of M/s.A.THIRUVADI KUMAR, Additional Public ProsecutoR on behalf of the R1 and R2 the court made the following order:- In the present case, the petitioner had earlier filed Crl.O.P.(MD)No.14798 of 2024 seeking Police protection for their life, limb, and property, specifically located in Survey No.63/1 at Vaigam Dam Road, Thenkarai, Periyakulam, Theni District.
The said petition was disposed of on 04.09.2024, with a direction to the Inspector of Police, Thenkarai Police Station, to consider the petitioner's representation dated 12.08.2024, by taking note of the decree obtained by her from the competent Civil Court, which was confirmed by this Court and take a decision within ten days from the date of receipt of a copy of this order.
2. However, as the respondent Police did not take any action on the matter, the petitioner filed present Miscellaneous Petition, seeking a direction for the second respondent Police or the concerned authority to comply with the earlier order in Crl.O.P.(MD)No.14798 of 2024, dated 04.09.2024.
3. The learned Additional Public Prosecutor opposed the filing of this petition, stating that there were already established procedures in place for cases where the 2/4
Court orders are not implemented. The learned Additional Public Prosecutor submitted that the petitioner should follow those established procedures rather than filing a Miscellaneous Petition.
4. Considering the submissions of the learned Additional Public Prosecutor and finding that the numbering of the Miscellaneous Petition is not proper, this Court is not inclined to entertain the present Miscellaneous Petition. Hence, this Miscellaneous Petition is dismissed.
sd/- 11/12/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
SMN2 TO 1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, THENI DISTRICT.
2 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN IN CRL OP(MD) No.14798 of 2024 Date :11/12/2024 PSP/ VR /SAR /17.12.2024/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4