Citation : 2021 Latest Caselaw 3309 Mad
Judgement Date : 10 February, 2021
Crl.O.P.(MD)No.828 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.02.2021
CORAM :
THE HONOURABLE Mrs.JUSTICE R.HEMALATHA
Crl.O.P.(MD)No.828 of 2021
Hemanth Jeyapaul ...Petitioner
/Vs./
1.The Superintendant of Police,
Office of the District Superintendant of Police,
Theni District.
2.The Deputy Superintendant of Police,
Office of the Deputy Superintendant of Police,
Vadakarai, Periyakulam,
Theni District.
3.The Inspector of Police,
Devadanapatti Police Station,
Devadanapatti, Theni District.
4.The Sub-Inspector of Police,
Jeya Mangalam Police Station,
Jeya Mangalam, Theni District.
5.V.Murugan ...Respondents
Prayer: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to direct the respondents 3 and 4 to give police
protection to the petitioner and his employees.
For Petitioner : Mr.T.R.Subramanian
For Respondent No.1 to 4 : Mr.S.Chandra Sekar
http://www.judis.nic.in
Additional Public Prosecutor
1/4
Crl.O.P.(MD)No.828 of 2021
ORDER
The present petition is filed seeking for a direction to the respondents
No.3 and 4 to give police protection to the petitioner and his employees.
2. The learned counsel for the petitioner contended that the suit filed
by the petitioner herein in O.S.No.63 of 1997 before the District Munsif,
Periyakulam was decreed in his favour and the appeal filed by the private
respondent in A.S.No.84 of 1998 before the Additional District Judge,
Periyakulam, was also dismissed. His further contention is that inspite of the
decree and judgment passed by both the District Munsif, Periyakulam and
the Additional District Judge, Periyakulam, the fifth respondent is
preventing him from enjoying his property.
3. Mr.S.Chandra Sekar, learned Additional Public Prosecutor, who
accepts notice on behalf of the respondents 1 to 4, on instructions, would
contend that the complaint given by one Senthilraj was registered in Crime
No.12 of 2021 under Section 145 of the Code of Criminal Procedure and
necessary action is initiated thereunder against the petitioner and the private
respondent.
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Crl.O.P.(MD)No.828 of 2021
4. A perusal of the decree and judgment passed in O.S.No.63 of 1997
and A.S.No.84 of 1998 shows that the petitioner has been in possession of
the property in S.No.1803 /1, 1803/2 and 1803/4, of Jeyamangalam Village,
Periyakulam Taluk, Theni District. In such circumstances, the third
respondent is directed to provide adequate police protection to the petitioner
if found necessary.
5. With the above observations, this Criminal Original Petition is
disposed of.
10.02.2021 Index : Yes/No Internet:Yes/No sm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
http://www.judis.nic.in
Crl.O.P.(MD)No.828 of 2021
R. HEMALATHA, J.
sm To
1.The Superintendant of Police, Office of the District Superintendant of Police, Theni District.
2.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, Vadakarai, Periyakulam, Theni District.
3.The Inspector of Police, Devadanapatti Police Station, Devadanapatti, Theni District.
4.The Sub-Inspector of Police, Jeya Mangalam Police Station, Jeya Mangalam, Theni District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.828 of 2021
10.02.2021 http://www.judis.nic.in
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