Ramesh v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.23029 of 2022 Ramesh ... Petitioner Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Thilagarthidal Police Station, Madurai.
Crime No.917/2022.
3.Saravanan 4.Vijayalakshmi ...Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide adequate police protection to the petitioner and his daughter for their life and limb on the basis of the representation dated 19.12.2022. For petitioner : No-appearance For R1 & R2 : Mr.S.Manikandan Government Advocate (crl.side) 1/5
O RDER This Criminal Original Petition has been filed to direct the respondents 1 and 2 Police to provide police protection to the petitioner and his daughter, on the basis of the representation dated 19.12.2022.
2. The case of the petitioner is that the petitioner is running an Agricultural material shop owned by one Rajalakshmi and her sons, namely, Madhupandi and Saravanan and the petitioner has given advance amount to them and agreed to pay the monthly rent as Rs.10,000/-. There was a property dispute between the family members, due to which, Saravanan and his wife, namely, Vijayalakshmi, threatened the petitioner to vacate the shop. Therefore, the petitioner has filed a suit in O.S.No.597 of 2018 before the District Court, Madurai, seeking the relief of permanent injunction. When the same is pending, the respondents 3 and 4 along with one Rajaguru, who is the Advocate, came to the shop and assaulted the petitioner. Hence, he made a complaint before the Police and a case was registered in Crime No.917 of 2022 for the offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(2) IPC. Thereafter, the respondents 3 and 4 were arrested and released on bail. Again, they are giving life threat to the petitioner. In this regard, he made 2/5
a representation to the respondents 1 and 2 Police on 19.12.2022, however, no action was taken. Hence, this Petition has been filed.
3. It appears that the petitioner has filed a suit in O.S.No.597 of 2018 before the District Court, Madurai, against the respondents 3 and 4, seeking permanent injunction not to disturb him to run the shop and the same is pending. Therefore, if at all the petitioner is having any grievance, he has to approach the civil Court where the suit is pending for appropriate relief. Instead, filing the present petition seeking police protection is not sustainable one. However, the respondents 1 and 2 Police are directed to ensure the safety of the petitioner.
4. Accordingly, this Criminal Original Petition is disposed of. 04.03.2024 Index : Yes/No Internet : Yes/No ssb 3/5
To 1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Thilagarthidal Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI. J.
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