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Madras High CourtCRL OP/430/2020disposed of

A.Murthy v. The Superintendent Of Police

2020-01-10Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.Nos.430, 431 and 434 of 2020 A.Murthy

...Petitioner in Crl.O.P.No.430 of 2020

N.Karnal

...Petitioner in Crl.O.P.No.431 of 2020

R.Prema

...Petitioner in Crl.O.P.No.434 of 2020

-Vs1. The Superintendent of Police, Vellore, Vellore District.

2. The Deputy Superintendent of Police, Vellore, Vellore District.

3. The Inspector of Police, Vellore North, Vellore District.

4. K.Jawarilal Jain

5. K.Anand

6. K.Vinod ... Respondents in all the Crl.O.Ps Common Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 1 to 3 herein to provide adequate police protection to the petitioner based on the petitioner representation dated 22.11.2019.

For Petitioners : Mr.M.Arumugam For RR1 to R3 : Mr.Mohamed Riyaz Additional Public Prosecutor * * * * * COMMON ORDER These Criminal Original Petitions have been filed to direct the respondents 1 to 3 herein to provide adequate police protection to the petitioners, based on the petitioners' representation dated 22.11.2019.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for the petitioners has submitted that the petitioners have already filed Civil Suit before the Principal District Judge, Vellore and got the status quo order against the respondents 4 to 6. He further submitted that inspite of the said order, the respondents 4 to 6 are disturbing the petitioners' possession and hence he requested to direct the respondents 1 to 3 to provide police protection to the petitioners to enjoy their properties.

3. If the respondent 4 to 6 have not obeyed the order passed by the Civil Court, the petitioners can file petition under Order 39 Rule 2(A) C.P.C., before the same court for enforcing the interim order which was already granted by the said Court. If the said Civil Court finds any difficulty for enforcing its order, it can direct the police to provide police aid by invoking the provisions of Section 151 C.P.C. When the petitioners are having remedy before the Civil Court itself, they are not entitled to file this kind of petition before this Court. With the aforesaid observations, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar mfa To

1. The Superintendent of Police, Vellore, Vellore District.

2. The Deputy Superintendent of Police, Vellore, Vellore District.

3. The Inspector of Police, Vellore North, Vellore District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.Nos.430, 431 and 434 of 2020 VG-II(CO) CSR:20.02.2020 https://hcservices.ecourts.gov.in/hcservices/