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Madras High CourtCRL OP/2018/2019disposed of

Kanchana v. The State Rep By

2019-01-28Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.01.2019 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2018 of 2019 Kanchana

...Petitioner

-Vs1.The State rep by Inspector of Police, G5, Chunampedu Police Station, Kancheepuram District.

2.Mailan 3.Devarajan

...Respondents

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to provide the police protection to cultivate the petitioner's agriculture land in Survey No.326/4B situated at Karumpakkam Village, Kottaikadu Post, Cheyyar Taluk, Kancheepuram District.

For Petitioner : Mr.P.Anbazhagan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for police protection.

2. It is seen from records that a civil dispute is pending between the parties in O.S.No.261 of 2013 and an interim order also granted in favour of the petitioner restraining the rival claimants from interfering possession and enjoyment of the property.

3. The learned counsel for the petitioner would submit that inspite of the interim order granted by this Court, the other side is disturbing the possession of the property and the petitioner is not permitted to cultivate the crops in the said property.

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

4. This Court cannot grant police protection and entertain a parallel proceeding initiated by the petitioner. The petitioner has to file an appropriate application seeking for police protection before the very same Civil Court, which has granted interim injunction.

5. This Criminal Original Petition is disposed of by giving liberty to the petitioner.

ub/ggi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, G5, Chunampedu Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Anbazhagan, Advocate, S.R.No.7250 Crl.O.P.No.2018 of 2019 (CO) KAK(20/02/2019) https://hcservices.ecourts.gov.in/hcservices/