Madras High CourtCRL OP/17940/2020disposed of

M.Prakasam v. The Inspector Of Police,

2021-01-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17940 of 2020 M.Prakasam ... Petitioner Vs.

1. The Inspector of Police Tharamangalam Police Station Tharamangalam Salem District.

2. Mariyappan (R2 impleaded by order dated 05.01.2021 by NAVJ in Crl.M.P.No.8843 of 2020) ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. directing the Respondent herein to give police protection to the petitioner while fencing his property in Old S.F. No. 236/1 and New S.F. No. 236/1H situated at Tharamangalam Village, Omalur Taluk, Salem District on the basis of petitioner's complaint dated 17.10.2020. For Petitioner : Mr.R.Marudhachalamurthy For Respondent-1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For Respondent-2 : Mr.R.Sankara Subhu

ORDER

This Criminal Original Petition has been filed seeking for police protection on the ground that this petitioner wants to fence the property.

2. Heard Mr.R.Marudhachalamurthy, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor, appearing on behalf of the respondent.

3. The relief sought for by the petitioner cannot be granted by this Court and the petitioner has to necessarily work out his remedy only before the competent Civil Court. It has been repeatedly held by this Court that police protection cannot be ordered in cases involving property dispute and such disputes will have to be resolved only before a competent Civil Court.

https://hcservices.ecourts.gov.in/hcservices/ Page numbers

4. In the result, this Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police Tharamangalam Police Station Tharamangalam Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Marudhachalamurthy, Advocate SR.325 Crl.O.P.No.17949 of 2020 CP(CO) CB(09/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers