V.Senuvasamurthy v. The Superintendent Of Police (North)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2020

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.8937 OF 2020 V.Senuvasamurthy ... Petitioner Vs.

1. The Superintendent of Police (North), Puducherry Police Department, Mettupalayam, Puducherry.

2. The Inspector of Police, Lawspet Police Station, Puducherry. ... Respondents Prayer:

Criminal Original Petition filed under Section 482 of Criminal Proceedure Code, to direct the respondents to provide adequate police protection to the petitioner to remove Seemai Karuvelan trees and to lay a temporary fencing in the property situated at Oulgaret Commune, Karuvadikuppam Revenue Village, Puducherry comprised in Cadastre No.546, R.S.No.173/1C/1. For Petitioner : Mr.K.Sasindran For Respondents : Mr.Bharatha Chakravarthy Public Prosecutor (Puducherry)

ORDER

This petition has been filed to direct the respondents to provide adequate police protection to the petitioner to remove Seemai Karuvelan trees and to lay a temporary fencing in the property situated at Oulgaret Commune, Karuvadikuppam Revenue Village, Puducherry comprised in Cadastre No.546, R.S.No.173/1C/1.

2.This Court heard the learned counsel for the appearing for the petitioner, the learned counsel appearing on behalf of the private respondent and also the learned Public Prosecutor appearing on behalf of the respondent Police. https://hcservices.ecourts.gov.in/hcservices/

3.It is clear from the arguments that there is a inter se civil dispute between the petitioner and the private respondent and the same can be resolved only before the Civil Court. Admittedly, there is a civil suit pending between the parties and therefore, the Police cannot get into the scene unless the dispute is resolved before the Civil Court.

4.In the considered view of this Court, it is not an appropriate case where the Police can grant police protection. If at all any party requires Police protection, an appropriate application can only be made before the Civil Court, where the suit is pending.

5.This Court is therefore not inclined to entertain this criminal original petition and accordingly, this Criminal Original Petition is dismissed.

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

1. The Superintendent of Police (North), Puducherry Police Department, Mettupalayam, Puducherry.

2. The Inspector of Police, Lawspet Police Station, Puducherry.

3. The Public Prosecutor, Puducherry.

CRL.O.P.No.8937 of 2020 BR(CO) CS/17/07/2020 https://hcservices.ecourts.gov.in/hcservices/