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Madras High CourtCRL OP/15241/2019disposed of

Sathiya Bama v. The State Of Tamil Nadu

2019-06-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.15241 of 2019 Sathiya Bama

...Petitioner/Petitioner/Accused

Vs.

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Dharmapuri District Dharmapuri.

2. The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

3. C.Udaya Suriyan

...Respondents / Respondents/

Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondents 1 and 2 to accord police protection to the petitioner and his property comprised in S.No.1/1, Ammapettai Village, Harur Taluk, Dharmapuri District.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 & R2

O R D E R

This petition has been filed seeking for a direction to accord police protection.

2.

There is a property dispute between the parties and the petitioner has already approached a competent Civil Court seeking for the relief of declaration and permanent injunction against the rival party. The petitioner has also obtained an order of interim injunction. It is the grievance of the petitioner that inspite of the order of interim injunction granted in favour of the petitioner, the 3rd respondent is continuing to interfere with the possession and caused threat to the petitioner. 3.

In a case of this nature, this Court cannot independently exercise its jurisdiction under Section 482 of Cr.PC. If there is violation of the order of injunction and the petitioner requires police protection, the petitioner has to approach the same Civil Court and seek for the remedy and the Civil Court has vide powers to grant such orders. 4.

In the result, this Criminal Original petition is disposed of by giving liberty to the petitioner to approach the Competent Civil Court

where, the suit is pending and seek for appropriate remedy. 14.06.2019 Index : Yes / No rka To 1.

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Dharmapuri District Dharmapuri.

2. The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court of Madras.

N.ANAND VENKATESH.,J rka Crl.O.P.No.15241 of 2019 14.06.2019