The Madurai Bench dismissed the criminal original petition seeking police protection under Section 482 CrPC. The court held that since Section 107 CrPC proceedings had been initiated, there was no scope to direct police protection in this petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.08.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.(MD)No.14007 of 2018
S.Manoharan ... Petitioner
-vs-
1.The Superintendent of Police, Theni District, Theni.
2.Inspector of Police, Palanichettypatti Police Station, Theni District. 3.Sankar ... Respondents
Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue a direction, directing the 2nd respondents to give adequate police protection for the life and limb of the petitioner by disposing the petitioner's petition dated 24.07.2018.
For Petitioner : Mr.R.Suriya Narayanan
For Respondents: Mr.K.Suyambulinga Bharathi
Government Advocate (Crl. Side)
for RR1&2
ORDER
This Criminal original Petition has been filed seeking for police protection. Admittedly, there is a complaint given from the petitioner side and also from the opposite side and both the complaints have been taken on file by the police and proceedings under Section 107 of Cr.P.C has been initiated in Crime No.423 of 2018.
2.Under such circumstances, there is no scope for this Court to direct for any police protection. Consequently, this Criminal original Petition stands dismissed.
Sd/-
Assistant Registrar (Crl.Side)
/True Copy/
Sub Assistant Registrar(CS-III)
To
1.The Superintendent of Police, https://hcservices.ecourts.gov.in/hcservices/ Theni District, Theni.
2 2.Inspector of Police, Palanichettypatti Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. TM DS RSK SAR-3 ;29.08.2018; 2P/4C
CRL.O.P.(MD)No.14007 of 2018
07.08.2018
1 issue framed by the court
Whether to direct police protection under Section 482 CrPC when Section 107 CrPC proceedings have already been initiated.
2 provisions across 1 enactments
S.Manoharan
The Superintendent of Police, Theni District
Inspector of Police, Palanichettypatti Police Station
Sankar
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
