Madras High Court
M.Gopi vs The Superintendent Of Police on 23 November, 2021
Crl.O.P.(MD)No.7035 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.7035 of 2019
M.Gopi
S/o.Mohanraj ... Petitioner
Vs.
1.The Superintendent of Police,
Dindigul District,
Dindigul.
2.The Sub Inspector of Police,
Sanarpatti Police Station,
Sanarpatti,
Dindigul District.
3.Paramaraj
S/o.Ayyalu Naidu
4.Muthulakshmi
W/o.Paramaraj
5.Iniyan Prakash
S/o.Paramaraj
6.Nanthini
D/o.Paramaraj ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to direct the respondents Nos.1 and 2 to give adequate Police
protection for the life, limb and property of the petitioner situated at
Dindigul District, Thavasimadai Village in S.F.Nos.194/1B and 180/2.
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Crl.O.P.(MD)No.7035 of 2019
For Petitioner : Mr.S.Karthick Subramanian
For R1 and R2 : Mr.R.Sivakumar
Government Advocate(Crl.side)
ORDER
This petition has been filed seeking police protection on the basis
of the representation dated 27.12.2019.
2.When the matter is taken up for hearing, learned Government
Advocate(Crl.side) submitted that based upon the representation given
by the petitioner, enquiry was undertaken in CSR.No.226 of 2019 and
during the course of enquiry, it was found that it is a civil dispute
between the parties and in respect of the civil dispute a suit in O.S.No.
269 of 2007 has been filed before the Civil Court and the same was
dismissed on 15.03.2019. When the private respondent removed the
standing trees, a complaint was given and was also registered in Crime
No.332 of 2018. Based upon which the above said incident he has given
a representation seeking police protection. During the course of enquiry,
the petitioner himself appeared before the Enquiry Officer and gave a
statement that since a suit is pending between them, he will workout
their remedy in the pending civil proceedings. The private respondent
also has given a statement that against the judgment passed in O.S.No.
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Crl.O.P.(MD)No.7035 of 2019
269 of 2007, he is going to file appeal. So far no appeal has been
preferred. But however, it has been closed on the basis of the
undertaking given by the petitioner.
3.Since civil suit is pending before the concerned Court, the
parties to work out their remedy in the above said suit. No further
adjudication or direction can be given in this matter.
4.With the above observation and liberty, this Criminal Original
Petition is dismissed as infructuous .
23.11.2021
Index : Yes/No
Internet : Yes/No
tta
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,
Dindigul District,
Dindigul.
2.The Sub Inspector of Police,
Sanarpatti Police Station,
Sanarpatti,
Dindigul 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.7035 of 2019
G.ILANGOVAN. J.
tta
Crl.O.P.(MD)No.7035 of 2019
23.11.2021
https://www.mhc.tn.gov.in/judis
