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Madras High CourtCRL OP/2795/2015dismissed

G.Nagaratna v. The Inspector Of Police

2015-02-05Honourable Mr Justice R.S.Ramanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.2795 of 2015 Ms.G.Nagaratna ..

Petitioner vs.

The Inspector of Police, Anna Nagar (East).

Chennai-600 040.

.. Respondent Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent police to grant police protection at the time of raising compound wall in T.S.Nos.28 and 29 in R.S.No.31/2 in Block No.3, Plot No.5/5, Naduvakkarai Village owned by the petitioner. For Petitioner :

M/s.Usha Ramman For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition has been filed under Section 482 CrPC, seeking direction to the respondent police to grant police protection at the time of raising compound wall in T.S.Nos.28 and 29 in R.S.No.31/2 in Block No.3, Plot No.5/5, Naduvakkarai Village owned by the petitioner.

2. It is submitted by the learned Additional Public Prosecutor that similar complaint was filed by the husband of the petitioner in Crl.O.P.No.2478/2015, in respect of different survey number and the said petition was dismissed by this Court. He further submitted that the prayer sought for cannot be granted and the remedy open to the petitioner is to file a civil suit.

3. The learned counsel for the petitioner submitted that the earlier petition given by the husband was in respect of different survey number and therefore, police protection should be given to the petitioner to raise a compound wall.

4. According to me, the prayer sought for by the petitioner cannot be granted. If this kind of petitions are entertained, the police cannot do their regular duty and if the petitioner is prevented from putting up the compound wall, it is open to her to file a civil suit.

5. Hence, this Criminal Original Petition is dismissed. Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

Jvm To 1.The Inspector of Police, Anna Nagar (East).

Chennai-600 040.

2.The Public Prosecutor, High Court, Madras.

C.C. to M/s.Usha Ramman, Advocate, SR.No.6394. Crl.O.P.No.2795 of 2015 RSY(CO) KP(24.02.2015) 05.02.2015