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Madras High CourtCRL OP/12072/2016closed

Valasai Ravichandran, v. The Commissioner Of Police,

2016-06-14Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.12072 of 2016 Valasai Ravichandran

...Petitioner

Vs.

1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Assistant Commissioner of Police, Ootery, Chennai.

3.The Inspector of Police, P.4, Basin Bridge Police Station, Pulianthope, Chennai - 600 012.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the respondents to provide police protection to vacate the illegal occupation of the accused persons bearing Door No.15, New Door No.14, 3rd Street, Gurusamy Nagar, Pulianthoppu, Chennai - 600 012.

For Petitioner : Mr.R.Srinivasa Rao For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the respondents to provide police protection to vacate the illegal occupation of the accused persons bearing Door No.15, New Door No.14, 3rd Street, Gurusamy Nagar, Pulianthoppu, Chennai - 600 012.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The petitioner is the owner of the property and it is alleged by the petitioner that, four tenants are in illegal occupation of the property. In this regard, the petitioner lodged a complaint dated 01.06.2016, seeking police protection for vacating the tenant.

4. The learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, the third respondent police have conducted enquiry in CSR.No.117 of 2016 and the same has been closed 07.06.2016. A copy of the closure report is furnished to the learned counsel appearing for the petitioner across the bar.

5. In the considered opinion of this Court, police protection cannot be obtained for vacating a lawful tenant, as that will be abuse of process of law. It is open to the petitioner to approach the Rent Control Court for appropriate relief.

With the above directions, this Criminal Original Petition is closed.

-s/dAssistant Registrar(CO) True Copy Sub-Assistant Registrar ds To 1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Assistant Commissioner of Police, Ootery, Chennai.

3.The Inspector of Police, P.4, Basin Bridge Police Station, Pulianthope,

4.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.R.Srinivasa Rao Advocate sr.33181 Crl.O.P.No.12072 of 2016 bvr(co) aa23/06/2016