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Madras High CourtCRL OP/14143/2022dismissed

C.Chezhiyan v. The Superintendent Of Police

2022-07-07Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 7/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Criminal Original Petition No.14143 of 2022 C. Chezhiyan ...

Petitioner Vs

1. The Superintendent of Police Office of the Superintendent of Police Manajakuppam Cuddalore 1.

2. The Inspector of Police Puthupet Police Station Puthupet, Pantuti Taluk Cuddalore District.

3. Ramakrishanan ...

Respondents PRAYER : Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents 1 and 2 to give adequate Police protection to the petitioner and his sisters to resume and carry out cultivation works in their undivided joint family properties.

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For Petitioner ...

Mr.S.Kadarkarai For Respondents ...

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side) for R.R.1 and 2.

Mr.P.Suresh Babu for R.3.

- - - - -

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to give adequate Police protection to the petitioner and his sisters to resume and carry out cultivation works in their undivided joint family properties.

2. Heard Mr.S.Kadarkarai, learned counsel for the petitioner, Mr.Leonard Arul Joseph Selvam, learned Government Advocate for the respondents 1 and 2 and Mr.P.Suresh Babu, learned counsel for the third respondent.

3. From the materials available on record, it could be deduced that the third respondent is a purchaser from one of the co-sharers and accordingly, he is in possession. When the suit is already pending for partition, and if the Page No:2/4

petitioner feels that if the possession is disturbed by the petitioner, the remedy lies for the petitioner before the Civil Court, and not by way of the instant Criminal Original Petition.

4. In the result, this Criminal Original Petition is dismissed. 7/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

To

1. The Superintendent of Police Office of the Superintendent of Police Manajakuppam Cuddalore 1.

2. The Inspector of Police Puthupet Police Station Puthupet, Pantuti Taluk Cuddalore District.

3. The Public Prosecutor High Court Madras.

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N. SATHISH KUMAR, J mvs.

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