← Library
Madras High CourtCRL OP/3297/2018disposed of

L.Jinendra Kumar, v. State Rep. By,

2021-01-20Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.3297 of 2018 L.Jinendra Kumar

...Petitioner

Vs

1. State Rep. By the Deputy Superintendent of Police, Coonoor 2 Nilgiris District.

2. State rep. By Inspector of Police, Coonoor- 2, Nilgiris District.

3. Raffik

4. Abdual Wahab

5. Gafoor,

6. Assain 7 Hussain

8. Wahid

9. Mrs.Noorjahan

10. Abdual Kader [R3 to R10 impleaded vide order

dated Crl.MP No.2126 of 2018 in Crl OP No.3297 of 2018]

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure,to direct the Respondent Police to provide police protection to the petitioner as requested vide his letter dated 31.01.2018 to proceed with the construction based.

For Petitioner : M/s.Sarvabhauman Associates For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor for R1 and R2 Mr.T.Suresh for M/s.Lenin and Bhagya for R3 to R10

O R D E R

This Criminal Original Petition has been filed seeking for police protection to the petitioner pursuant to the orders passed by the District Munsif Court, Coonor, made in I.A.No.295 of 2016 in O.S.No.68 of 2016 dated 10.03.2017.

2.

Heard the learned counsel for the petitioner and Mr.Mohammed Riyaz, learned Additional Public Prosecutor, appearing on behalf of respondents 1and 2 and Mr.C.Suresh, learned counsel for R3 to R10.

3. The main grievance expressed by the petitioner is that inspite of an order of interim injunction passed in favour of the petitioner, the private respondents are violating the order and interfering with the possession and enjoyment of the petitioner. Even if the complaint made by the petitioner is taken as it is, the appropriate remedy for the petitioner would be to file a contempt petition before the concerned Court for violation of the order of interim injunction. A petition seeking for police protection cannot be maintained before this Court. Except giving this liberty, no further orders can be granted in this criminal original petition.

4.

Accordingly, this Criminal Original Petition is disposed of.

20.01.2021 rka Index: Yes/No Internet: Yes/No To

1. State Rep. By the Deputy Superintendent of Police, Coonoor 2 Nilgiris District.

2. State rep. By Inspector of Police, Coonoor- 2, Nilgiris District.

3. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH.,J rka Crl.O.P.No.3297 of 2018 20.01.2021