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Madras High CourtCRL OP/4966/2023disposed of

Thamim Anshari v. The Commissioner Of Police,

2023-07-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Thamim Anshari ... Petitioner -Vs1.The Commissioner of Police, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, Triplicane Range, F2 Police Station Complex, Chennai 600 002.

3.The Inspector of Police, Law and Order, D1 Police Station, Triplicane, Chennai 600 005.

4.S.Mohammed Ramal 5.S.Jaiulabdeen 6.M.Imam Shariff

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Cr.P.C., to direct the respondents to provide adequate police protection to the petitioner, to carry out civil work in the subject property pursuant to the representation dated 23.12.2022.

For Petitioner : Mr.A.S.Aswin Prasanna For Respondents : Mr.A.Gopinath, 1 to 3 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking for police protection based on the complaint given by the petitioner on 23.12.2022. 2.Learned Government Advocate (Crl. Side), on instructions, submitted that the complaint given by the petitioner was enquired in C.P.No.42/DCT/Govt/2023 and the same was closed on 06.07.2023, by relegating the parties to approach the competent Civil Court. 3.The petitioner is basing the claim on a civil Court decree. Hence, the respondent Police could not have directed the parties to once again approach the Civil Court. In view of the same, there shall be a direction to the petitioner to give a fresh complaint to the 3rd respondent and the same shall be enquired by the 3rd respondent by calling all the concerned parties. If there is already a Civil Court decree in favour of the petitioner, the respondent Police shall direct the rival parties not to cause any

interference or threat. If there is no concluded Civil Court decree or if there is Civil Court proceedings pending, the parties shall be relegated to the competent Civil Court.

4.This Criminal Original Petition is disposed of in the above terms. 19.07.2023 mkn To 1.The Commissioner of Police, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, Triplicane Range, F2 Police Station Complex, Chennai 600 002.

3.The Inspector of Police, Law and Order, D1 Police Station, Triplicane, Chennai 600 005.

4.The Public Prosecutor, Madras High Court.

N.ANAND VENKATESH, J.

mkn 19.07.2023