K.Manavalan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl OP.No.18869 of 2020 K. Manavalan S/o. Kesavalu

...Petitioner

Vs.

1. State rep. by Inspector of Police E1, Mylapore Police Station Mylapore, Chennai 600 004

2. R. Yuvaraj S/o. Rajamanickam

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of Cr.PC praying to direct the first respondent police to provide police protection to the petitioner to access his premises through common pathway based on the petitioner complaint dated 19.09.2020.

For Petitioner : Mr. R. Krishnan For Respondents For R1 : Ms. M. Prabhavathi Additional Public Prosecutor

ORDER

It is noted that in respect of the common way, with reference to which, the present Criminal Original Petition has been laid for the grant of police protection.

2. It is seen that already a civil suit is pending in O.S. No.266/2013 laid by the petitioner. Till date, the right of the petitioner to the property in issue has not been affirmed by the civil forum in accordance with law. Hence, at this stage, it would not be proper to invoke the inherent jurisdiction of 482 Cr.PC to grant the police protection as prayed for by the Page numbers https://hcservices.ecourts.gov.in/hcservices/

petitioner. The petitioner is to work out his remedies before the civil court as per law.

3. In view of the above, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar bga Copy to

1. State rep. by Inspector of Police E1, Mylapore Police Station Mylapore, Chennai 600 004

2. The Public Prosecutor, High Court, Madras.

Crl OP.No.18869 of 2020 SR II(CO) CB(29/12/2020) Page numbers https://hcservices.ecourts.gov.in/hcservices/