D.Mahendran v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15609 of 2021 D.Mahendran ... Petitioner

Versus

1. The State Rep. by The Inspector of Police, E - 3 Teynampet Police Station, Teynampet, T. Nagar District.

2. Stella Magret

3. Premkumar

4. Bharath ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to give adequate police protection to the petitioner's life and property by considering the complaint dated 12.04.2021. For Petitioner : Mr.S.Vinoth Kumar For Respondent : Mr.A.Damodaran for R1 Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondent police to give adequate police protection to the petitioner's life and property by considering the complaint dated 12.04.2021.

2. The petitioner made a complaint dated 12.04.2021 seeking police protection for his life and property. Since no

action was taken on the said complaint, the above petition has been filed.

3. The contention of the petitioner is that the petitioner had purchased a property from one Stella Markret on 19.09.2018, by way of a sale deed, registered as Doc.No.964 of 2018. Thereafter, the said Stella Markret failed to hand over the possession to the petitioner and lodged a false complaint against him. The petitioner's son earlier lodged a complaint to the first respondent on 22.09.2020 and CSR.No.364 of 2020 was assigned, but no action has been taken. Further, the said Stella Markret and her family members are giving trouble to the petitioner. Despite the petitioner purchased the property and having all the documents got transferred in his name, he is unable to enjoy the property.

4. The learned Government Advocate (Crl.Side) has submitted that the petitioner is in possession of the property and he has been falsely implicated by the respondents 2, 3 and 4, for which, the petitioner has earlier approached the Civil Court. There are claim and counter claim between them. The dispute between the petitioner and the other respondents appears to be civil in nature.

5. Considering the submission and perused the materials, it is seen that the dispute between the parties is civil in nature and hence, the petitioner is directed to approach the Civil Court or any other appropriate forum, to redress his grievances.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar dna

To

1. Th Inspector of Police, E - 3 Teynampet Police Station, Teynampet, T. Nagar District.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.S.Vinoth Kumar, Advocate, S.R.No.44697 CRL.O.P.No.15609 of 2021 AK-II(CO) SU(24/09/2021)