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Madras High CourtCRL OP/12757/2019disposed of

M.B.Mohammed Hussain v. The Commissioner Of Police

2019-06-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.12757 of 2019 M.B.Mohammed Hussain

...Petitioner

-Vs1. The Commissioner of Police Chennai City Police Egmore, Chennai.

2. The Inspector of Police Nazrakpet Police Station Chennai 600 123.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to provide police protection to the petitioner to carryout construction in his property situated in S.No.10, Nazrathpet Village, Sriperumbadur Taluk, Kancheepuram District.

For Petitioner : Mr.K.Sasindran For Respondents : Mr.C.Raghavan, Government Advocate (Crl.Side),

ORDER

This petition has been filed seeking for police protection to the petitioner to carry out the construction work in his property.

2.

The learned counsel appearing for the petitioner submitted that the petitioner derives his right by virtue of a Sale Deed dated 22.01.1986 and that the counter party without any right is attempting to interfere with the title and possession of the petitioner and not permitting the petitioner to peacefully enjoy the property.

3.

Taking into consideration the nature of dispute that has been projected in the present petition, this Court is not inclined to grant the relief as sought for by the petitioner. The dispute is purely civil in nature and the respondent police will absolutely have no role to play in the dispute. It is for https://hcservices.ecourts.gov.in/hcservices/

the petitioner to approach the competent Civil Court to agitate his right and safeguard his interest in accordance with law. 4.

This Criminal Original Petition is disposed of by granting liberty to the petitioner to approach the appropriate Civil Court to work out his remedy in accordance with law. Sd/- Joint Registrar (Judicial) //True Copy// Sub Assistant Registrar rka To

1. The Commissioner of Police Chennai City Police Egmore, Chennai.

2. The Inspector of Police Nazrakpet Police Station Chennai 600 123.

3. The Addl. Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.Sasindran, Advocate, S.R.No.44948 Crl.O.P.No.12757 of 2019 RG-I(CO) SSM(18/06/2019) https://hcservices.ecourts.gov.in/hcservices/