Madras High Court
A.Aboobucker Sidiq vs The Superintendent Of Police on 16 November, 2021
Crl.O.P.(MD)No.13853 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.13853 of 2021
A.Aboobucker Sidiq ...Petitioner
Vs.
1.The Superintendent of Police,
District Superintendent Office,
K.Pudur,
Madurai-625007.
2.The Deputy Superintendent of Police,
Omachikulam Division,
Irrupu Y.Othakadai Police Station (North Side) ,
Madurai-625107.
3.The Sub Inspector of Police,
Karuppaurani Police Station,
Madurai East Circle,
Madurai District-625020.
4.Karuppaiya ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
direct the respondents 1 to 3 to provide the police protection to the
petitioner and his family members for life and limb.
For Petitioner : Mr.A.Ajmalkhan
For Respondent : Mr.M.Veeranthiran
Additional Public Prosecutor for R1 to R3
Mr.T.A.Ebenezer for R4
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.13853 of 2021
ORDER
Heard the learned counsel on either side.
2. The petitioner filed O.S.No.351 of 2021 against the fourth
respondent herein on the file of District Munsif Court, Melur. A Decree
was granted in favour of petitioner on 11.10.2017. Aggrieved by the
same, fourth respondent filed A.S.No.64 of 2019 on the file of Sub Court,
Melur, and the appeal was dismissed on 30.09.2019. Though the first
appellate Court gave its verdict against the fourth respondent wayback on
30.09.2019, still the counsel for the fourth respondent would make a
statement that the fourth respondent is taking steps to file second appeal.
The fact remains that as on date no second appeal has been filed.
3. Since, a decree obtained by the petitioner against the second
respondent is holdings good as on dates the judgment-debtor cannot be
permitted to act in defiance of the same. If the fourth respondent
breaches the Civil Court's Decree, certainly the respondent police are
obliged to intervene. Of course, the respondent police cannot be expected
to provide round the clock protection to the petitioner herein. But then,
if any complaint is received from the petitioner for breach of the Civil
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13853 of 2021
Court's decree, the fourth respondent will act in accordance with law.
This Criminal Original Petition is allowed accordingly.
16.11.2021
Index : Yes/No
Internet : Yes/No
mga/csm
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.
To
1.The Superintendent of Police,
District Superintendent Office,
K.Pudur,
Madurai-625007.
2.The Deputy Superintendent of Police,
Omachikulam Division,
Irrupu Y.Othakadai Police Station (North Side) ,
Madurai-625107.
3.The Sub Inspector of Police,
Karuppaurani Police Station,
Madurai East Circle,
Madurai District-625020.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13853 of 2021
G.R.SWAMINATHAN, J.
mga/csm
Crl.O.P.(MD)No.13853 of 2021
16.11.2021
https://www.mhc.tn.gov.in/judis
