P.V.Pushpakumar vs The Superintendent Of Police
2023 Latest Caselaw 8617 Mad

                                                                     Crl.O.P.No.16150 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 19.07.2023

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                            Crl.O.P.No.16150 of 2023


                     P.V.Pushpakumar                               .. Petitioner

                                                       Vs.

                     1. The Superintendent of Police,
                         O/o the Superintendent of Police,
                         Thiruvallur.

                     2. The Deputy Superintendent of Police,
                        O/o the Deputy Superintendent of Police,
                        Thiruvallur.

                     3. The Inspector of Police,
                        Mappedu Police Station,
                        Mappedu,
                        Thiruvallur.

                     4. Ajay
                     5. Josphine
                     6. Xavier
                     7. Merchy Theresa                                   .. Respondents



                     1/6


https://www.mhc.tn.gov.in/judis
                                                                          Crl.O.P.No.16150 of 2023



                     Prayer: This Criminal Original Petition is filed under Section 482
                     Cr.P.C. directing the respondent No.3 to provide adequate police
                     protection to the petitioner his family members.


                                       For Petitioner       : Mr.R.Prabhakaran
                                       For Respondents      : Mr.A.Damodaran
                                                              Additional Public Prosecutor

                                                          ORDER

This petition has been filed for a direction to the

respondent police to provide police protection to the petitioner

based on the representation made on 07.06.2023.

2. It is seen from records that the rival party had already

filed a suit before the District Munsif Court, Thiruvallur, in

O.S.No.378 of 2006 and the said suit was dismissed by judgment and

decree dated 17.09.2018. The grievance of the petitioner is that

inspite of dismissal of the suit, the rival parties are attempting to

disturb with the peaceful possession and enjoyment of the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.16150 of 2023

petitioner and his family members and are also causing threat. In

view of the same, a representation was given to the respondent

police on 07.06.2023, seeking for police protection. Since the same

was not considered by the respondent police, the present criminal

original petition has been filed before this Court.

3. The learned Additional Public Prosecutor on instructions

submitted that based on the representation made by the petitioner,

an enquiry is going to be conducted by the 3rd respondent.

4. In the considered view of this Court, the 3rd respondent

shall call the parties and if the civil suit filed by the rival parties

have already gone against them and it has become final, they shall

be instructed not to disturb the peaceful possession and enjoyment

of the property and not to cause any threat to the petitioner and

his family members. If inspite of the same, the rival parties attempt

to create any law and order problem, appropriate action shall be

https://www.mhc.tn.gov.in/judis Crl.O.P.No.16150 of 2023

taken strictly in accordance with law. If on the other hand, the 3rd

respondent finds that civil proceedings are pending, the parties

shall be directed to agitate their grievance before the Civil Court

and till the civil Court proceedings comes to an end, the police shall

not interfere with the dispute.

5. This Criminal Original petition is disposed of in the above

terms.

19.07.2023 rka

Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order

https://www.mhc.tn.gov.in/judis Crl.O.P.No.16150 of 2023

To

1. The Superintendent of Police, O/o the Superintendent of Police, Thiruvallur.

2. The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Thiruvallur.

3. The Inspector of Police, Mappedu Police Station, Mappedu, Thiruvallur.

4. The Public Prosecutor, High Court Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.16150 of 2023

N.ANAND VENKATESH,J.

rka

Crl.O.P.No.16150 of 2023

19.07.2023

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