Madras High CourtCRL OP/2237/2020dismissed

K.Jayalakshmi v. State Represented By

2020-07-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2237 of 2020 K.Jayalakshmi, W/o.Kanniappan, No.58, B.O.D. Road, Chattiram, Pattabiram, Chennai 600 072.

... Petitioner Vs.

1. State Rep. by the Inspector of Police, Latheri Police Station, National Highway 234 Tamil Nadu, Katpadi, Vellor District, 632 202.

2. K.Sundaresan, S/o.Kandasamy Gounder, Karasamangalam Village, Katpadi Taluk, Vellore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 1st respondent to provide necessary police protection to vacate the 2nd respondent from the property of the petitioner by considering the representation made by the petitioner to the 1st respondent on 20.08.2018. For Petitioner : M/s.B.Aparna For Respondents For R1 : Mr.S.Karthikeyan Additional Public Prosecutor.

For R2 : No Appearance

O R D E R

This petition has been filed seeking police protection to evict the second respondent from the property of the petitioner on the complaint dated 20.08.2018.

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2. The learned counsel for the petitioner would submit that the Trial Court has passed an order directing the the second respondent to evict from the petitioner's premises and in the execution proceedings, the second respondent was evicted from the premises. Thereafter, the second respondent again occupied the premises and as such, the petitioner lodged a complaint on 02.08.2018.

3. Considering the submissions made by the learned counsel for the petitioner, this Court is of the view that for the complaint lodged by the petitioner on 20.08.2018, i.e., after a period of two years, police protection cannot be given without knowing the present condition. Accordingly, this petition is dismissed. However, the petitioner is at liberty to file a fresh complaint on fresh cause of action.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar pvs To

1. Inspector of Police, Latheri Police Station, National Highway 234 Tamil Nadu, Katpadi, Vellor District, 632 202.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2237 of 2020 ssv(co) aa09/09/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/