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Madras High CourtCRL OP/17231/2020dismissed

K.Raja v. The District Superintendent Of Police

2020-11-03Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2020

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.17231 of 2020 K.Raja S/o, Kullan, Vetrayan Kottayi, Erumampatti Village, Balakuli Post, Krishnagiri Taluk & District.

...Petitioner

-Vs1. The District Superintendent of Police, Krishnagiri District.

2. The Inspector of Police, Nagarapatti Police Station, Krishnagiri Taluk & District.

3. Subramani S/o, Tholan @ Periyannan

4. Ganesan S/o, Subramani

5. Kavitha D/o, Subramani

...Respondents

Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the 1st and 2nd respondents to give suitable police protection to the petitioner for surveying the land comprised in S.F.No.414/6 situated at Balakuli village, Krishnagiri Taluk & District by considering the petitioner representation letter dated 19.09.2020.

For Petitioner : Mr.S.Muthukrishnan For R1 and R2 : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

It is represented by the Additional Public Prosecutor that complaint lodged by the petitioner, dated 16.08.2020 had been closed after enquiry, directing both the parties to approach the https://hcservices.ecourts.gov.in/hcservices/

Civil Court for necessary redressal. Considering the issues between the parties with reference to the property in issue, it is noted that both the parties have to workout their remedy before the Civil Court in accordance with law. Unless the right of the parties to the property in issue is declared or affirmed in the Civil Court, at this stage of the matter, it would not be proper for this Court to invoke the jurisdiction under Section 482 Cr.P.C for granting Police protection to the petitioner.

2. In such view of the matter, nothing further survives in the Criminal Original Petition. Resultantly, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Superintendent of Police, Krishnagiri District.

2. The Inspector of Police, Nagarapatti Police Station, Krishnagiri Taluk & District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.17231 of 2020 SPD(CO) RV(27/11/2020) https://hcservices.ecourts.gov.in/hcservices/