Madras High CourtCRL OP/27283/2015disposed of

K.Raju v. The Superintendent Of Police

2017-01-04Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.27283 of 2015 and M.P.No.1 of 2015 K.Raju ..

Petitioner Vs 1.The Superintendent of Police, Salem District, Salem.

2.The Deputy Superintendent of Police, Omalur, Salem District.

3.The Inspector of Police, Tholasampatti Police Station, Salem District.

Respondents Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondents herein to provide police protection based on the petitioners' complaint dated 11.09.2015 to his property forthwith.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

Seeking police protection to safeguard the interest of the property of the petitioner, this Criminal Original Petition is filed.

2.When this Criminal Original Petition was taken up for hearing, the learned Additional Public Prosecutor filed a report stating that enquiry has been conducted and the case came to be closed with a direction to approach the competent civil Court. It is also submitted that the suit filed in respect of this matter in O.S.No.314 of 2015 on the file of the District Munsif Court, Omalur, was also decreed in favour of the petitioner and thereafter, it was intended to fence the property. The said submission of the learned Additional Public Prosecutor is recorded.

https://hcservices.ecourts.gov.in/hcservices/

3.In view of the above submissions, it is always open to the petitioner to fence the property on the basis of the decree of the Civil Court. If any unlawful activities are carried out by the plaintiffs in O.S.No.314 of 2015, who are said to be the persons attempting to interrupt the peaceful possession of the petitioner's property, it is always open to the respondent police to take appropriate action as per law. 4.With the above observation, the Criminal Original Petition is closed. Consequently, the connected miscellaneous petition is also closed.

sd/ Assistant Registrar //True Copy// Sub Assistant Registrar KM To 1.The Superintendent of Police, Salem District, Salem.

2.The Deputy Superintendent of Police, Omalur, Salem District.

3.The Public Prosecutor, Madras High Court, Chennai-600 104.

+1cc to Mr.P.Mani Advocate Sr.No.707.

+1cc to Mr.C.Prabhakaran Advocate Sr.No.594 Crl.O.P.No.27283 of 2015 and M.P.No.1 of 2015 MSM(CO) GN(25/01/2017) https://hcservices.ecourts.gov.in/hcservices/