Madras High CourtCRL OP/513/2019disposed of

D.Dhanislas v. The State Rep. By

2019-01-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.513 of 2019 D.Dhanislas .. Petitioner vs.

1.The State rep. By The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The Inspector of Police, E-5 Pattinapakkam Police Station (Foreshore Estate), Chennai- 600 028.

Crime No.(not Known) of 2018 ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, praying to pass an appropriate order directing the 2nd respondent police to provide police protection to the petitioner.

For Petitioner : M/s.S.V.S.Ilavazhuthi For Respondents : Mr.M.Mohamed riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for police Protection.

2.It is seen from the records that there was an agreement of sale entered into between the parties on 24.02.2016. However, the sale transaction is yet to be completed, since the proposed purchaser has not paid the entire sale consideration. The case of the petitioner is that without fulfilling the obligation to pay the entire sale consideration, the other side is attempting to use police force and take possession of the property.

Therefore, the petitioner seeking for police protection.

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

3.In a case of this nature, the police will have no role to play. The parties will have to work out their remedy only before the Competent Civil Court. If there is any threat to the possession of the petitioner, the petitioner has to necessarily filed a suit before the Civil Court and seek for the remedy. The Police cannot to be directed to give protection in a case of this nature.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar stm/rpl To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The Inspector of Police, E-5 Pattinapakkam Police Station (Foreshore Estate), Chennai- 600 028.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.SVS.Ilamvazhuthi, Advocate SR.No.1723 Crl.O.P.No.513 of 2019 RSV(CO) GMY(30/01/2019) https://hcservices.ecourts.gov.in/hcservices/