Dismissed

K.Kumaresan v. The Superintendent of Police

Madras HC12 Oct 2023CRL OP(MD)/6123/2023

Case brief

AI extract

What is this about?

Criminal Original Petition seeking police protection filed in anticipation of a property dispute. The court held that police protection for removing a third respondent from disputed premises is not within the court's jurisdiction, as such issues require proper civil process.

What did the court decide?

Petition dismissed with liberty to work out remedy through proper civil process.

K.Kumaresan Vs The Superintendent of Police — Domestic Violence | Madras HC (2023)

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Crl.O.P.(MD)No.6123 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE G.ILANGOVAN

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Crl.O.P.(MD)No.6123 of 2023

K.Kumaresan

... Petitioner

Vs.

1.The Superintendent of Police, Pudukkottai.

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2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.

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3.Murugesan (R3 is suo moto impleaded as per the order of this Court dated 31.03.2023)

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction to the respondents to provide adequate police

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protection to the petitioner and his family members life and limb on the

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basis of the petitioner's representation dated 02.02.2023.

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For petitioner : Mr.K.G.Arun Kumar For Respondents : Mr.M.Vaikkam Karunanithi 1 and 2 Government Advocate (Crl. Side)

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

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Crl.O.P.(MD)No.6123 of 2023

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For 3^rd Respondent : Mr.N.Balakrishnan

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O R D E R

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This petition has been filed seeking direction to the respondents to

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provide adequate police protection to the petitioner and his family members life and limb on the basis of the petitioner's representation dated 02.02.2023.

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2.Earlier the matter was referred to mediation, but there was no settlement between the parties. Now making counter allegations stating that other parties are not appeared. Since the said issue between the brothers, now the third respondent is stated to be in the occupation of the disputed premises now. On what ground he is in occupation cannot be matter for consideration by this Court in this petition. If the petitioner wants to occupy the property by removing the third respondent from the above said premises, he can work out his remedy through proper civil process. The efforts made by this court to sort out the issue by referring the matter to mediation also failed. Granting of police protection to the petitioner for the purpose of removing the third respondent from the disputed premises is not the job of the either of the second respondent or this Court.

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

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Crl.O.P.(MD)No.6123 of 2023

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3.In view of the above, I find absolutely, no reason to grant any police protection to the petitioner. This petition deserves to be dismissed.

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4.Accordingly, this criminal original petition stands dismissed with liberty to the petitioner to work out his remedy through proper civil process.

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12.10.2023

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NCC : Yes / No Index : Yes/No Internet : Yes/No vsg

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1.The Superintendent of Police, Pudukkottai.

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2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

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3/4

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Crl.O.P.(MD)No.6123 of 2023

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G.ILANGOVAN. J.

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vsg

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Crl.O.P.(MD)No.6123 of 2023

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12.10.2023

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

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K.Kumaresan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

K.Kumaresan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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