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Madras High CourtCRL OP/10115/2025dismissed

P.Siva v. State Rep By

2025-04-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10115 of 2025 P. Siva ... Petitioner

Versus

1.State rep. by The Inspector of Police, Vadanakkampadi Police Station, Vandavasi Taluk.

2. Pitchandi

...Respondents

Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to issue suitable direction to the first respondent police to give protection based on the complaint given by the petitioner dated 26.12.2024 within a time frame that may be fixed by this Court. For Petitioner : Mr. J. Franklin For Respondents : Mr. R. Vinothraja (for R1) Government Advocate (Criminal Side)

ORDER

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This Criminal Original Petition has been filed to issue a suitable direction to the first respondent police to provide police protection based on the complaint given by the petitioner dated 26.12.2024 within a time frame that may be fixed by this Court.

2. The petitioner is the owner of the land situated in Kizh Velliyur Village, Padasalai Street, which is ancestral residential property belonging to the petitioner and his family members along with a common well. When the petitioner attempted to install a motor in the well, the second respondent objected for the same and interfered with his peaceful possession and enjoyment of the property. Therefore, the petitioner sought Police protection for fixing the motor in the well, and lodged a complaint against the second respondent. However, no action has been taken so far, the petitioner has filed the present petition.

3. Heard both sides and perused the materials available on record. 2/4

4. Considering the facts and circumstances of the case, this is the case of civil dispute between the parties, and this Court cannot grant a Police protection for fixing a motor in a common well. However, the petitioner is at liberty to approach the appropriate Civil Court to resolve the issue.

5. With the above observations and direction, this Criminal Original Petition is dismissed.

04.04.2025 klt To 1.The Inspector of Police, Vadanakkampadi Police Station, Vandavasi Taluk.

2.The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN,J.

klt CRL.O.P.No.10115 of 2025 04.04.2025 4/4