Madras High Court
Nagu vs The Superintendent Of Police on 8 November, 2021
Crl.O.P(MD)No.299 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G. ILANGOVAN
Crl.O.P(MD)No.299 of 2019
Nagu Petitioner
Vs
1.The Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Inspector of Police,
Thirupachethi Police Station,
Sivagangai District.
3.Karuppiah
4.Rajendran Respondents
PRAYER: Petition filed under Section 482 of Code of Criminal
Procedure, to direct the second respondent to give police protection for
life of the petitioner based on the compalint dated 20.11.2018 within the
period stipulated by this Court.
For Petitioners : Mr.C.R.Ponnuthai
For R1 & R2 : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
For R3 & R4 : Mr.G.Gomathi Sankar
1/5
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)No.299 of 2019
ORDER
This Criminal Original Petition is filed seeking police
protection on the basis of the representation dated 20.11.2018.
2.The case of the petitioner is that he purchased a property in
S.F.No.165/2B from one Chinnatham Pillai and after that, he was in
enjoyment. He also dug a Well in the aforesaid property and cultivating
the same. The third and fourth respondents, who have no right over the
property, trespassed into the property and damaged the motor. When the
same was questioned by the petitioner, he was abused by them. So, suit in
O.S.No.37 of 2012 was filed by the petitioner before the District Munsif
Court, Sivagangai, seeking permanent injunction and the same was
decreed in his favour against which, the private respondents have filed
A.S.No.70 of 2014, which was dismissed. Even after dismissal of the
above said appeal, the private respondents are making trouble. So, the
petitioner filed a criminal complaint, in respect of which, criminal case
has been registered. Moreover, he also sent a representation dated
20.11.2018, seeking police protection and the same was not considered
by this Court. Hence, this petition.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)No.299 of 2019
3.The learned counsel appearing for the respondents 3 & 4
would submit that against the dismissal judgment of Subordinate Judge,
Sivagangai, second appeal in S.A(MD)No.133 of 2019 has been filed
before this Court and it is pending.
4.The learned Additional Public Prosecutor would submit
that enquiry was undertaken on the basis of the representation made by
the petitioner in C.P.No.98 of 2019 and during the course of enquiry,
both the parties appeared and gave undertaking that they will work out
their remedy in the above said civil proceedings and based on the above
said undertaking given by both sides, it was closed on 25.04.2019 itself.
5.Since the complaint was closed based on the undertaking
given by the parties and taking into consideration that it is civil dispute
between them and also recording the closure of the complaint, this
Criminal Original Petition is dismissed as infructuous.
08.11.2021
Index :Yes/No
Internet:Yes/No
vrn
NOTE:
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)No.299 of 2019
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.
To:-
1.The Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Inspector of Police,
Thirupachethi Police Station,
Sivagangai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)No.299 of 2019
G. ILANGOVAN, J.
vrn
Order made in
Crl.O.P(MD)No.299 of 2019
08.11.2021
https://www.mhc.tn.gov.in/judis/
