Mehar Banu v. The State Rep.By The Superintendent 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.11817 of 2025 Mehar Banu ....

Petitioner Vs 1.The State rep by The Superintendent of Police Kallakurichi, Kallakurichi District 2.The Deputy Superintendent of Police Ulunthurpettai, Kallakurichi District 3.The Inspector of Police, Thirunavalur Police Station, Kallakurichi 4.Mahindran 5.Hariraj ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 3rd respondent to give proper police protection for the petitioner life threat from the 4th and 5th respondents based on the petitioner's representation dated 03.03.2025.

For Petitioner : Mr.K.Karthik For R1 to R3 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the third respondent to provide police protection to the petitioner at the hands of the 4th and 5th respondents.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3. Perused the materials available on record.

3. It is seen that the petitioner purchased the property comprised in Survey No.169/8, situated at Parikkal Village, Thirunavalur, Kallakurichi from the 4th and 5th respondents herein by a registered sale deed dated 24.07.2024. Even before the purchase, the respondents 4 and 5 undertook to vacate the premises and hand over the possession on the date of execution of the sale deed. However, after execution of the sale deed, the 4th and 5th respondent did not vacate the premises.

4. The entire dispute is civil in nature relating to possession

of the property arising out a sale transaction between the petitioner and the 4th and 5th respondents. Therefore, 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 considered. Accordingly, this Criminal Original Petition stands dismissed.

22.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Superintendent of Police Kallakurichi, Kallakurichi District 2.The Deputy Superintendent of Police Ulunthurpettai, Kallakurichi District 3.The Inspector of Police, Thirunavalur Police Station, Kallakurichi.

4. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.11817 of 2025 22.04.2025