Madras High CourtCRL OP/15295/2020dismissed

Sivakumar v. The Commissioner Of Police

2020-09-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15295 of 2020 Sivakumar, S/o.Rajaram, No.29/55, Dhanpal Nagar 3rd Street, New Washermenpet, Chennai - 13.

... Petitioner Vs.

1. The Commissioner of Police, Chennai.

2. The Inspector of Police, N-1, Royapuram Police Station, Chennai - 600 013.

3. M.S.Anser Ali ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police to provide police protection to the petitioner based on the Petitioner's complaint dated 12.09.2020 to the 2nd Respondent police.

For Petitioner : Mr.C.V.Kumar for Mr.P.Vishnu For R1 & R2 : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for direction directing the 2nd respondent to provide adequate police protection to the petitioner on the complaint dated 12.09.2020. 2.The learned counsel appearing for the petitioner submitted that the petitioner purchased a property situated at New Door No.6/2 Part, 6/1 Part and 6/3 Part, Old No.6, Very Old Door No.7, Kodimara Street, "Sea Breeze" Apartment bearing Flat No.1B in the 1st Floor, Royapuram, Chennai - 13, comprised in R.S.No.3057/4 Part and Block No.46 of Fort Tondiarpet Village from the 3rd respondent herein. The 3rd respondent originally purchased the property from M/s. Keerthi and builders and sale deed also executed in his favour. While being so, the petitioner https://hcservices.ecourts.gov.in/hcservices/

purchased a flat with 512 Sq.feet of undivided share in the apartment with a built up area of 1175 Sq.feet. Thereby the 3rd respondent along with some other persons wrongfully restraining the petitioner and his labourers who employed to renovate the apartment and also threatening them by using rowdy elements and abused with filthy language. It is seen from the above allegations that there is a civil dispute in respect of purchase of flat between the petitioner and the 3rd respondent herein. Therefore, police protection as such sought for cannot be granted to the petitioner. This petition is devoid of merits and the same is dismissed. However, the petitioner is at liberty to approach the Civil Court for appropriate relief, if so advised. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi To 1.The Commissioner of Police, Chennai.

2.The Inspector of Police, N-1, Royapuram Police Station, Chennai - 600 013.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15295 of 2020 AJS(CO) RMP(06/11/2020) https://hcservices.ecourts.gov.in/hcservices/