Udhaya v. State Rep.By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11795 of 2025 S.Udhaya ....
Petitioner Vs State represented by The Inspector of Police, Race Course Police Station, Coimbatore.
....
Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to issue a direction to the respondent to provide adequate police protection to the petitioner based on the representation dated 24.07.2024.
For Petitioner : Mr.P.Ponbalaji For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking a direction to the respondent to provide adequate police protection to the petitioner.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner owned land comprised in TS No.10/1044/5APART, TS No.10/1043/1B1 PART, admeasuring 1958 sq.ft., situated at Kattur Road, Krishnagrayapuram Village, Coimbatore. When the petitioner attempted to enter and clean the said property, the third parties objected and interfered with the peaceful possession and enjoyment of the property. In this regard, the petitioner also filed a suit for permanent injunction before the Additional District Munsif Court, Coimbatore, which is pending.
4. It is settled principle that where a civil dispute is pending, police protection cannot be granted for the mere purpose of enjoyment of the property. The petitioner ought to have approached the civil Court for appropriate relief.
5. In view of the above, the direction sought for in this petition cannot be granted. Accordingly, this Criminal Original Petition stands dismissed.
22.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp
To 1.The Inspector of Police, Race Course Police Station, Coimbatore.
2. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No.11795 of 2025 22.04.2025