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Madras High CourtCRL OP/2744/2016dismissed

N.Shanmugam v. The Commissioner Of Police

2019-03-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 2744 of 2016 N.Shanmugam .. Petitioner Vs

1. The Commissioner of Police, Coimbatore City, Coimbatore.

2. The Assistant Commissioner of Police, East Range, Coimbatore City, Coimbatore.

3. The Inspector of Police, Peelamedu Police Station, Coimbatore.

4. M.Duraisamy

5. Radhamani .. Respondents [ R4 & R5 impleaded vide this Court Order dated 16.02.2016 made in Crl.MP.No.1775 of 2016 in Crl.O.P.No.2744 of 2016] Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 3rd respondent to take appropriate action by evicting the accused and to give police protection for the property, pending investigation on the file of the 3rd respondent in Crime No.30 of 2016.

For Petitioner : Mr.R.C.Paul Kanagaraj For R1 to R3 : Mr.M.Mohammed Riyaz Additional Public Prosecutor For R4 & R5 : Mr.R.Bharathkumar

O R D E R

This Criminal Original Petition has been filed to direct the 3rd respondent to take appropriate action by evicting the accused and to give police protection for the property, pending investigation on the file of the 3rd respondent in Crime No.30 of 2016.

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2. Heard Mr.R.C.Paul Kanagaraj, learned counsel appearing for the petitioner, Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondents 1 to 3 and Mr.R.Bharathkumar learned counsel appearing for the respondents 4 and 5.

3. It is seen that the prayer sought for in this petition to evict the 4th and 5th respondents from the property and seeking police protection for the property. This petition is devoid of merits and as such this Court is not inclined to allow the prayer sought for by the petitioner. However, considering the crime is of the year 2016, therefore, the 3rd respondent is directed to complete the investigation in Crime No.30 of 2016 and file a final report within a period of three months from the date of receipt of copy of this Order.

4. With the above direction, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ssr To

1. The Commissioner of Police, Coimbatore City, Coimbatore.

2. The Assistant Commissioner of Police, East Range, Coimbatore City, Coimbatore.

3. The Inspector of Police, Peelamedu Police Station, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Bharathi Kumar Advocate, S.R.No.31148 Crl.O.P.No. 2744 of 2016 AR J RRS(06/05/2019) https://hcservices.ecourts.gov.in/hcservices/