Madras High Court
Raja vs The Superintendent Of Police on 25 November, 2021
Crl.O.P.(MD)No.17252 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.17252 of 2019
Raja .. Petitioner
Vs.
1.The Superintendent of Police,
Madurai District.
2.The Sub Inspector of Police,
Uthappanaickanur Police Station,
Madurai District.
3.Mookan
4.Uchathevar
5.Dhanaraj
6.Manickam
7.Jayakodi .. Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C,
to direct the 2nd respondent herein to provide adequate police protection to
the petitioner and his family members at the time of his agricultural
operation in Survey No.209/1B1 an extent of 2 acres 39 cents of
Poduvarpatti Village, Usilampatti, Madurai District, on the basis of
representation given by the petitioner, dated 14.10.2019, within the time
stipulated by this Court.
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1/4
Crl.O.P.(MD)No.17252 of 2019
For Petitioner : Mr.R.Anand
For Respondents : Mr.M.Muthumanikkam for RR1 & 2
Counsel for Government of Tamil Nadu (Crl. Side)
ORDER
This petition has been filed seeking direction to the 2nd respondent
herein to provide adequate police protection to the petitioner and his family
members at the time of his agricultural operation in his property.
2.When the matter is taken up for hearing, the learned counsel for the
private respondents 3 to 7 submitted that the decree that has been passed by
the trial Court regarding the issue in A.S.No.45 of 2017 has been filed by
the third respondent and other respondent herein before Sub Judge,
Madurai, Usilampatti Camp and by the order dated 20.04.2017, Status quo
has been ordered. Now appeal is pending before the concerned Appellate
Court. When the matter is pending before the Appellate Court, granting of
police protection to one of the parties may not arise.
3.The learned Government Counsel would submit that based upon the
representation made by the petitioner enquiry was undertaking in C.No.175
of 2019. During the enquiry it was found that there is a civil dispute
between the parties pending before the concerned Appellate Court and the
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Crl.O.P.(MD)No.17252 of 2019
parties agreed to abide by the Judgment by the Court. Based upon the
undertaking, it was closed on 10.12.2019. Since the representation that has
been made by the petitioner has been closed, nothing survives in this
petition for further consideration and has agreed by the parties, they have to
workout their remedy before the appropriate Court, before which the suit is
pending.
4.Accordingly, this criminal original petition is dismissed as
infructuous.
25.11.2021
Index : Yes/No
Internet : Yes/No
TM
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,
Madurai District.
2.The Sub Inspector of Police,
Uthappanaickanur Police Station,
Madurai 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.17252 of 2019
G.ILANGOVAN. J.
TM
Crl.O.P.(MD)No.17252 of 2019
25.11.2021
https://www.mhc.tn.gov.in/judis
