Dismissed

Kannan v. The Inspector of Police

Madras HC8 Feb 2023CRL OP(MD)/816/2023

Case brief

AI extract

What is this about?

Petitioner sought police protection under Section 482 Cr.P.C. against a co-defendant in a civil dispute. The court held that without an enforceable civil decree, granting police protection does not arise and dismissed the petition, leaving petitioner's rights open.

What did the court decide?

Dismissible this Criminal Original Petition as there is no enforceable decree; rights of petitioner left open.

Kannan Vs The Inspector of Police — Civil Procedure and Limitation | Madras HC (2023)

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Crl.O.P.(MD)No.816 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08.02.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.816 of 2023

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Kannan ... Petitioner

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Vs.

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1.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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2.K.P.Selvam ... Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to provide police protection to the life and limb of the petitioner from the second respondent.

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For Petitioner : Mr.T.Joshua For R1 : Mr.SS.Madhavan, Government Advocate (Crl. Side)

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1/4

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

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Crl.O.P.(MD)No.816 of 2023

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For R2 : Mr.A.Srinivasan

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ORDER

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This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the first respondent to provide police protection to the life and limb of the petitioner from the second respondent.

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Heard the learned counsel for the petitioner; learned Government Advocate (Criminal Side) appearing for the State and the learned counsel for the second respondent.

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Considering the submissions made by the learned counsel for the

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petitioner and the learned counsel for the second respondent, it is clearly evident that there existed civil dispute between the parties.

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4. Admittedly, there is no enforceable decree or order from the jurisdictional civil Court and as such, granting of police protection does

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

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Crl.O.P.(MD)No.816 of 2023

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not arise at all. As of now, leaving open the petitioner's rights and

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remedies, this Criminal Original Petition is dismissed.

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08.02.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No das

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1.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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2.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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Crl.O.P.(MD)No.816 of 2023

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K.MURALI SHANKAR,J.

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das

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Order made in Crl.O.P.(MD)No.816 of 2023

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Dated: 08.02.2023

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

Kannan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Kannan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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