Madras High CourtCRL OP/8845/2020disposed of

Sham Ahuja v. The State Of Tamil Nadu,

2020-06-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.8845 of 2020 1.Sham Ahuja, Son of Late Nandlal T Ahuja aged about 67 years 2.Aarthy S.Ahuja Wife of Sham Ahuja aged about 61 years Both residing at Ground Floor, K Block No.42, 13th Street, Anna Nagar East, Chennai-600 102.

.. Petitioners Vs.

1. State of Tamil Nadu Rep. by the Inspector of Police, K-4 Police Station, Anna Nagar East Chennai-600 102.

2. H.A.Arunmozhi Fathima No.13/39, Aruna Avenue Saidapet Road, Vadapalani Chennai-600 026 Also at:

1st Floor, K Block No.42, 13th Street, Anna Nagar East, Chennai-600 102.

..Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C praying to direct the 1st Respondent to give sufficient police protection to the petitioners to use the terrace of their property which is at "K" Block No.42, 13th Street, Anna Nagar East, Chennai-600 102. For Petitioner : M/s.S.P.Arthi For Respondents : Mr.M.Mohammed Riyaz for R1 Additional Public Prosecutor

O R D E R

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

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

2. From the submissions made by the learned counsel for the petitioners and on going through the records, it is seen that there is already a civil suit pending between the parties. Therefore, it will be more appropriate for the petitioners to seek for police protection and file an application before the Civil Court. The Civil Court will have the advantage of going through the entire facts before passing orders. This Court does not want to parallely exercise its jurisdiction under Section 482 Cr.P.C.

3. This Criminal Original Petition is disposed of by giving liberty to the petitioners to move the Civil Court and seek appropriate remedy.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar uma To

1. The Inspector of Police, K-4 Police Station, Anna Nagar East Chennai-600 102.

2. The Public Prosecutor High Court of Madras.

Crl.O.P.No.8845 of 2020 PP(CO) CB(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/