Madras High Court
Chinammal vs The Superintendent Of Police on 23 January, 2023
2023/MHC/374
Crl.O.P.(MD)No.22743 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22743 of 2022
Chinammal ... Petitioner
Vs.
1.The Superintendent of Police,
Theni, Theni District.
2.The Inspector of Police,
Andipatti Police Station,
Theni District.
3.Arujunan
4.Pandiyarajan
5.Sundiramurthi
6.Jeyaram
7.Ayyavu
8.Vellaichamy
9.Murugan
10.Ramar
11.Nagaraj
12.Karuthapandi ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to direct the respondents 1 and 2 to provide
necessary police protection to the petitioner's life and limb for using 12ft
pathway to reach petitioner's property in S.No.2155/1 which is situated at
Eathakopvil Village, Andippatty Bit-II, Andipatty Taluk, Theni District
1/4
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Crl.O.P.(MD)No.22743 of 2022
as per the judgment and decree granted in O.S.No.116 of 2021 on the file
of the learned District Munsif Court, Andipatty.
For Petitioner : Mr.Senthil Kumaraiah.J
For R1 & R2 : Mr.R.Sivakumar
Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to direct the respondents 1 and 2 to provide
necessary police protection to the petitioner's life and limb for using 12ft
pathway to reach petitioner's property in S.No.2155/1 which is situated at
Eathakopvil Village, Andippatty Bit-II, Andipatty Taluk, Theni District
as per the judgment and decree granted in O.S.No.116 of 2021 on the file
of the learned District Munsif Court, Andipatty.
2. According to the petitioner, the suit in O.S.No.160 of 2021 for
permanent injunction was filed and the suit was decreed. He would
further submit that subsequently, petition to set aside the ex-parte decree
has been filed and the same is pending.
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Crl.O.P.(MD)No.22743 of 2022
3. The learned Government Advocate (Crl.side) would submit that
the petitioner has preferred a complaint and the same was registered in
CSR.No.754 of 2022 and after enquiry, the parties have agreed to abide
by the judgment of the civil Court and on that basis, the complaint was
ordered to be closed.
4. Recording the submission of the learned Government Advocate
(Crl.side), the Criminal Original Petition is disposed of. The petitioner is
directed to give a fresh representation to the Inspector of Police and on
receipt of such representation, the same shall be considered by taking
note of the decree obtained by the petitioner in his favour and disposed
of in accordance with law
23.01.2023
NCC : Yes / No
Index : Yes / No
Rmk
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22743 of 2022
K.MURALI SHANKAR,J.,
Rmk
To
1.The Superintendent of Police,
Theni, Theni District.
2.The Inspector of Police,
Andipatti Police Station,
Theni District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
Crl.O.P.(MD)No.22743 of 2022
Dated: 23.01.2023
https://www.mhc.tn.gov.in/judis
