Madras High CourtCRL OP/580/2020disposed of

M.Sheeba v. The State Rep. By

2020-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.580 of 2020 M.Sheeba .. Petitioner Vs The State rep. By The Inspector of Police, Thudialur Police Station, Thudialur, Coimbatore - 641 029.

.. Respondent Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent/police to provide police protection to the petitioner to enter into her business premises for running her business in accordance with law. For Petitioner : Mr.B.Ganesha Moorthy For Respondent : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to direct the respondent/police to provide police protection to the petitioner to enter into her business premises for running her business in accordance with law.

2. It is seen from records that the petitioner has already filed a suit in O.S.No.1753 of 2019 before the V Additional Sub Court, Coimbatore for injunction.

3. The learned Additional Public Prosecutor would submit that the respondent police cannot give police protection in a case of this nature, since, admittedly, the suit is civil in nature and is pending before the Court below.

4. Heard Mr.B.Ganesha Moorthy, learned Counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondent police.

5. The petitioner has to file an appropriate petition before the Court below and initiate contempt proceedings. It is also possible for the petitioner to seek for police protection before the Court below, by filing an appropriate https://hcservices.ecourts.gov.in/hcservices/

petition under Section 151 of Cr.P.C. The petitioner cannot maintain an independent petition before this Court seeking for police protection. The police cannot interfere in this case, unless, a specific direction is given by a competent Civil Court.

6. In view of the above, this Criminal Original Petition is disposed of, by giving liberty to the petitioner to workout his remedy before the Court below in the manner indicated herein above.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ebsi To

1. The Inspector of Police, Thudialur Police Station, Thudialur, Coimbatore - 641 029.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Ganesha Moorthy, Advocate SR.No.20332 Crl.O.P.No. 580 of 2020 BR(CO) GMY(10/06/2020) https://hcservices.ecourts.gov.in/hcservices/