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Madras High CourtCRL OP/2544/2019disposed of

Mani @ Devaraj v. The Commissioner Of Police

2019-01-31Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.NO.2544 of 2019 Mani @ Devaraj

...Petitioner

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

2.The Inspector of Police, E-2, Peelamedu Police Station, Coimbatore.

3.Manimekalai 4.Barathan 5.K.M.Thirupathi

...Respondents

Prayer:This Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue direction to the 1st respondent to giving Police protection to the petitioner and his family safeguarding from the respondents Nos.3 to 5 and their men, and directing the 2nd respondent not to harass the petitioner. For Petitioner :

Mr.D.Ashok Kumar For R1 & R2 :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for police protection.

2.

Admittedly, there is a civil suit pending between the parties and according to the learned counsel for the petitioner, an interim injunction has also been granted in favour of the petitioner and inspite of the same, a rival https://hcservices.ecourts.gov.in/hcservices/

parties are interfering with the possession and enjoyment of the property and causing threat. Several complaints were given by the petitioner and no action has been taken by the respondent police. Therefore, the present petition has been filed. 3.

The petitioner has to necessarily workout his remedy only in the pending suit. It is even left open to the petitioner to file an appropriate application seeking for police protection before the Court, where the suit is pending. The petitioner cannot move this Court under Section 482 of Cr.P.C. 4.

This Criminal Original Petition is disposed of with the above liberty granted to the petitioner.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vv2/rka To 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, E-2, Peelamedu Police Station, Coimbatore.

3.Additional Public Prosecutor, High Court, Madras.

CRL.O.P.NO.2544 of 2019 srg 22/02/2019 https://hcservices.ecourts.gov.in/hcservices/