Madras High CourtCRL OP/1279/2019disposed of

E.M.Ponnusamy v. State Rep By

2019-01-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.1279 of 2019 1.E.M.Ponnusamy 2.P.Revathi : Petitioners Vs.

1. State rep. by Inspector of Police, Thudiyalur Police Station, Coimbatore District.

2. R.V.Rajee : Respondents PRAYER:

Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the 1st respondent to give police protection in respect of S.F.No.506/3 to an extent of 0.72 acres and in S.F.No.507/2 to an extent of 2.65 acres based on Injunction order in I.A. No.2229 of 2015 in O.S. No.1823 of 2015 on the file of the District Munsif, Coimbatore.

For Petitioners : Mr.S.Vinoth Kumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for police protection. It is seen from the records that already a civil suit is pending between the parties in O.S. No.1823 of 2015 and O.S. No.149 of 2014.

2.The learned counsel for the petitioners would submit that there is already an interim order passed in favour of the petitioners in I.A. No.2229 of 2015 and inspite of the same, the other side is interfering with the possession and enjoyment of the property by engaging rowdy elements. When a civil suit is pending between the parties, the appropriate forum to approach seeking for police protection would the same Civil Court and not https://hcservices.ecourts.gov.in/hcservices/

before this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

3.This Criminal Original Petition is disposed of by giving liberty to the petitioners to move an appropriate application before the Civil Court seeking for police protection and also if the interim order has been violated, seek for punishing the respondents for violation of the order passed by the Civil Court. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ia/dss To

1. The Inspector of Police, Thudiyalur Police Station, Coimbatore District.

2. The Public Prosecutor, Madras High Court, Chennai- 104.

+1cc to Mr.S.Vinoth Kumar, Advocate, S.R.No.4671 Crl.O.P. No.1279 of 2019 CS/23/01/2019 https://hcservices.ecourts.gov.in/hcservices/