N.Gowri v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Tmt.N.Gowri .. Petitioner Vs.

1. The Superintendent of Police, Chenglepet, Chenglepet - District.

2. The Inspector of Police, Kalpakkam Police Station, Chenglepet District.

3. The Sub Inspector of Police, Koovathur - Police Station, Chenglepet - District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to give adequate police protection to the petitioner's life and property by considering representation dated 10.06.2023.

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For Petitioner : Mr.A.Vimal Raj For Respondents : Mr.A.Damodaran, Additional Public Prosecutor *****

O R D E R

This Criminal Original petition has been filed seeking for police protection based on the representation made by the petitioner on 10.06.2023.

2.

Heard Mr.A.Vimal Raj, learned counsel for the petitioner and Mr.A.Damodaran, Additional Public Prosecutor for respondents.

3.

It is seen from records that the petitioner has already instituted a suit in O.S.No.216 of 2020 before the Principal District Judge, Chengalpet and an interim order has been passed in I.A.No.3 of 2020 on 17.04.2023 to the effect that the defendants / respondent should not alienate or encumber the property till the 2/5

disposal of the suit. The grievance of the petitioner is that the defendants in the suit are causing threat and are not allowing the petitioner to enjoy the suit property. Hence, a representation was given to the respondent police seeking for police protection. Since the same was not considered, the present criminal original petition has been filed before this Court.

4.

In the considered view of this Court, the petitioner has already approached the Civil Court and the proceedings are pending. If the petitioner apprehends that the defendants are attempting to encroach upon the property and are causing threat to the petitioner, the petitioner has to move an appropriate application only in the pending suit. The police cannot straightaway involve themselves in a case of this nature. Except giving this liberty, no further orders can be passed in this writ petition.

This Criminal Original petition is disposed of in the above terms. 3/5

12.07.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Superintendent of Police, Chenglepet, Chenglepet - District.

2. The Inspector of Police, Kalpakkam Police Station, Chenglepet District.

3. The Sub Inspector of Police, Koovathur - Police Station, Chenglepet - District.

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N.ANAND VENKATESH, J rka 12.07.2023 5/5