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Madras High CourtCRL OP/28719/2017dismissed

S.Lilly W/O.M.Srinivasan v. The Superintendent Of Police.

2018-02-27Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No. 28719 of 2017 S.Lilly ..Petitioner Vs

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, SIPCOT Police Station, SIPCOT, Hosur - 635 126, Krishnagiri District.

3. Krishnappa

4. R.Raja

5. Sujatha

6. Kenjamma

7. Annaiya @ Nallappa

8. Muthamma

9. Minor Shilpa

10. Minor Rama Mani

11. Minor Muthuraj ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents herein to provide adequate police protection to the petitioner for fencing her lands measuring to an extent of 27 1/2 cents in Survey No.153/1A1A of Mookandapalli Village, Hosur Taluk, Krishnagiri District in accordance with law and also on the basis of her representation dated 16.12.2017, within the time to be stipulated by this Hon'ble Court.

For Petitioner : Mr.R.Bharath Kumar For R1 & R2 : Mrs.P.Kritika kamal Government Advocate (Crl.Side).

For R3 & R4 : Mr.S.C.Vishwanth For R5 to R11 : No appearance https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The prayer sought for in this Criminal Original Petition is to direct the respondents herein to provide adequate police protection to the petitioner for fencing the petitioner's land measuring to an extent of 27 1/2 cents in Survey No.153/1A1A of Mookandapalli Village, Hosur Taluk, Krishnagiri District in accordance with law and also on the basis of the representation dated 16.12.2017.

2. It is brought to my notice that the original judgment and decree dated 17.08.2007 in O.S.No.41 of 1998 is challenged before the appellate Court in A.S.No.6 of 2008. Since the issue with regard to the rights of the parties are pending before the civil court, it would not be appropriate to direct the second respondent to extend the protection.

3. Hence, this Criminal Original Petition stands dismissed, with a liberty to the parties to workout their remedies before the appropriate civil court.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vum/nl To

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, SIPCOT Police Station, SIPCOT, Hosur - 635 126, Krishnagiri District.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.15291 +1cc to Mr.S.C.Vishwanth, Advocate, S.R.No.14935 Crl.O.P.No. 28719 of 2017 cs/21/03/18 https://hcservices.ecourts.gov.in/hcservices/