P.G.Nagarajan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.15722 of 2019 P.G.Nagarajan

...Petitioner

Vs.

1. The Superintendent of Police, Dharmapuri District, Dharmapuri - 5.

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

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondents 1 and 2 to grant police protection to the lives of the petitioner and his family members on the basis of the petitioner complaint dated 25.01.2019. For Petitioner : Mr.Prakasam J 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 against the rival parties in O.S.No.116 of 2018 on the file of learned District Judge, Dharmapuri. The petitioner has also obtained an order of interim injunction in I.A.No.138 of 2019. It is the grievance of the petitioner that inspite of the order of interim injunction granted in favour of the petitioner, the accused persons are 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner requires police protection, the petitioner has to approach the same Civil Court and seek for the remedy and the Civil Court has wide 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.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar rka To

1. The Superintendent of Police, Dharmapuri District, Dharmapuri - 5.

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

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.J.Prakasam, Advocate, S.R.No.51001 Crl.O.P.No.15722 of 2019 CA(CO) RRS(24/07/2019) https://hcservices.ecourts.gov.in/hcservices/