B.Vijayakumar v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6141 of 2020 B.Vijayakumar
...Petitioner
Vs.
1.State Rep by.
The Superintendent of Police, Office of Superintendent of Police, Chengalpattu, Vidya Sagar College Campus, Tamil Nadu - 603 001.
2.State rep by The Inspector of Police, E-9, Thalambur Police Station, Navallur, Chennai - 603 103.
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent police to grant police protection for OMR Food Street having business at No.92 OMR Road, Navallur, Chennai - 600 130 based on the representation dated 10.02.2020.
For Petitioner : Mr.S.John J.Raja Singh For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to grant police protection for OMR Food Street having business at No.92 OMR Road, Navallur, Chennai - 600 130 based on the representation dated 10.02.2020.
2. The learned counsel for the petitioner would submit that one Palani as contractor to manage housekeeping services. The said Palani has been raising wrong and disproportionate bills for monthly housekeeping services. He would further submit that the said Palani has repeatedly cheated the petitioner by sending
wrong bills and the petitioner and other persons into the petitioner office premises they are causing threat to the petitioner and therefore, the petitioner gave a complaint to the respondents police seeking for police protection. Since the same was not considered, this petition has been filed seeking for appropriate direction.
3. The learned Additional Public Prosecutor would submit that there is a dispute pending between the petitioner and one Palani. He would further submit that the police cannot give police protection in a case of this nature.
4. Heard Mr.S.John J.Raja Singh, learned Counsel for the petitioner and Mr.Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondents police.
5. The petitioner has to file an appropriate petition before the Court below and initiate contempt proceedings. It is also possible for the petitioner to seek for police protection before the Court below, by filing an appropriate petition under Section 151 of Cr.P.C. The petitioner cannot maintain an independent petition before this Court seeking for police protection. The police cannot interfere in this case, unless, a specific direction is given by a competent Civil Court.
6. In view of the above, this Criminal Original Petition is disposed of, by giving liberty to the petitioner to workout his remedy before the Court below in the manner indicated herein above.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv
To 1.The Superintendent of Police, Office of Superintendent of Police, Chengalpattu, Vidya Sagar College Campus, Tamil Nadu - 603 001.
2.The Inspector of Police, E-9, Thalambur Police Station, Navallur, Chennai - 603 103.
3.The Inspector of Police, Cuddalore OT Police Station, Cuddalore District.
4.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.6141 of 2020 SAI (CO) AT (21/05/2020)