Sesuraj vs The Superintendent Of Police
2023 Latest Caselaw 4155 Mad

                                                                           Crl.O.P.(MD)No.5140 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 12.04.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                          Crl.O.P.(MD)No.5140 of 2023

                     Sesuraj                                               ... Petitioner

                                                          Vs.

                     1.The Superintendent of Police,
                       Dindigul District, Dindigul.

                     2.The Inspector of Police,
                       Kannivadi Police Station, Kannivadi,
                       Dindigul District.

                     3.Arockiam @ Thangaraj,

                     4.Suresh,                                                  ... Respondents

                     PRAYER : Criminal Original Petition is filed under Section 482 of

                     Cr.P.C, to direct the R1 and R2 to give adequate police protection for the

                     life and limb of the petitioner based on the representation dated

                     02.02.2023.

                                         For Petitioner     : Mr.S.Krishnan

                                         For Respondents : Mr.R.Suresh Kumar
                                                       Government Advocate (Crl. Side)




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                                                                                  Crl.O.P.(MD)No.5140 of 2023




                                                           ORDER

This criminal original petition has been filed seeking to direct the

respondents 1 and 2 to give adequate police protection for the life and

limb of the petitioner based on the representation dated 02.02.2023.

2.The learned Government Advocate (Crl. Side) would submit that

on the basis of the complaint given by this Court, enquiry is undertaken

in C.P.No.85 of 2022. During the course of enquiry, it was found that the

property over which the dispute arose between the parties is the subject

matter matter of a civil suit before the learned District Munsif, Dindigul.

Depending upon the outcome of the above said civil process, both the

parties agreed to abide by the Judgment of the Civil Court. On the basis

of the above said undertaken the above said representation was closed.

3.Since a suit is pending between the parties before the civil Court,

granting of police protection to either of the parties is not proper. It has

also been brought to the notice of this Court that Crl.O.P.(MD).No.20100

of 2015 was filed by this petitioner before this Court seeking similar

relief that was also dismissed after enquiry.

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.5140 of 2023

4.The learned counsel for the third respondent would submitted

that subsequent to the above said dismissal, he was assaulted, over which

a complaint has been given and a case was registered.

5.In view of the above, this petition deserves to be dismissed.

Accordingly, dismissed.

12.04.2023

Index : Yes/No Internet : Yes/No TM

To

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kannivadi Police Station, Kannivadi, 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.5140 of 2023

G.ILANGOVAN. J.

TM

Crl.O.P.(MD)No.5140 of 2023

12.04.2023

https://www.mhc.tn.gov.in/judis