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Madras High CourtCRL OP(MD)/21650/2023disposed of

Mariappan v. The Superintendent Of Police

2024-09-11Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Mariappan ... Petitioner vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sathankulam, Thoothukudi District 3.The Inspector of Police, Nazareth Police Station, Thoothukudi District 4.Chandrakala 5.Aneesh 6.Abik 7.G.Anbu Murugan ... Respondents 1/5

Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 3rd respondent to give adequate police protection to the life and limb of the petitioner on the basis of the petitioner's representations dated 01.10.2023 and 19.10.2023.

For Petitioner : Mr.J.David Ganesan For R1 to R3 : Ms.M.Aasha Government Advocate (Crl. Side) R4 to R7 : No Appearance

ORDER

The Criminal Original Petition has been filed to direct the 3rd respondent herein to give adequate police protection to the life and limb of the petitioner on the basis of the petitioner's representations dated 01.10.2023 and 19.10.2023.

2. The learned counsel for the petitioner submits that respondent Nos.4 to 7 are the neighbours, and they are unnecessarily raising disputes over the property, and also the 7th respondent, being addicted to Alcohol, in an inebriated condition everyday picks up quarrel with the petitioner and causes nuisance to him. The life and limb of the petitioner is being threatened constantly and hence, the present petition has been filed. 2/5

3. When the matter is taken up for hearing, the learned Government Advocate (Criminal Side) would submit that when an enquiry was sought to be made and the summons issued by the respondent police, the petitioner did not appear, and since both the parties did not co-operate, the petition stood closed.

4. In that view of the matter, with reference to the property dispute if any, it is for the petitioner to approach the appropriate Civil Court. If and when any order or decree is passed by the Civil Court, then he can approach the respondent police for protection and accordingly, the protection will also be given.

5. With reference to the nuisance that said to have been caused by the 7th respondent, by making specific reference to any excesses committed by him or any threat given by him, it would be open for the petitioner to bring to the notice of the 3rd respondent, and the 3rd respondent shall consider the same in accordance with law on his own merits. 3/5

6. Giving such liberty to the petitioner, the Criminal Original Petition stands disposed of.

11.09.2024 NCC : Yes / No mkn To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sathankulam, Thoothukudi District 3.The Inspector of Police, Nazareth Police Station, Thoothukudi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 4/5

D.BHARATHA CHAKRAVARTHY, J.

mkn 11.09.2024 5/5