Salihath Bareeka v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.18380 of 2019 1.Salihath Bareeka 2.Sadiqa Rahmat Hifaza W/o.Syed Shahul Hameed, Door No.11, 3rd Street, Seetha nagar, Nungambakkam, Chennai - 600 034.

Rep.by their Power of Attorney Holder, Kaja Nijamutheen, S/o.Sahul Hameed, No.95, Mothai Meera Pillai Street, Melapalayam, Tirunelveli-627 005.

... Petitioners Vs.

1.The Commissioner of Police, Greater Chennai, E.V.R.Periyar Salai, Veparai, Chennai - 600 007.

2.The District Commissioner of Police, St.Thomas Mount, Chennai - 600 016.

3.The Inspector of Police, S-10, Pallikaranai Police Station, Chennai - 600 100.

4.Casa Grande Builders Pvt.Ltd., Rep.by the Managing Director, Devi Apartments, New No.111, Old No.59, NPL, LB Road, Tiruvanmiyur, Chennai - 600 041.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to provide police protection to the Petitioner and their principle property as per his complaint in CSR No.609 of 2019 dated 02.04.2019 on the file of 3rd respondent.

For Petitioners: Mr.N.Saravanan For Respondents: Mr.M.Mohamed Riyaz (for R1 to R3) Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police to grant police protection to the petitioners. 2.It is the grievance of the petitioners that the fourth respondent who is doing some development work in the adjacent property is interfering with the possession and enjoyment of the property belonging to the petitioners and is causing threat to the petitioners. According to the petitioners, the fourth respondent is a very influencial person with money and muscle power.

3.The petitioners gave a representation dated 30.04.2019 to the respondent police seeking for police protection since no action has been taken by the respondent, the present petition has been filed before this Court.

4.The third respondent is directed to call the parties for an enquiry and if in the course of enquiry, the third respondent finds that the dispute is civil in nature, he shall direct the parties to agitate their rights before Competent Civil Court. The third respondent shall ensure that no law and order problem is created in the locality.

5.This Criminal Original Petition is disposed of with the above directions.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar jas/vs To 1.The Commissioner of Police, Greater Chennai, E.V.R.Periyar Salai, Vepery, Chennai - 600 007.

2.The District Commissioner of Police, St.Thomas Mount, Chennai - 600 016.

3.The Inspector of Police, S-10, Pallikaranai Police Station, Chennai - 600 100.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.N.Saravanan, Advocate sr 58917.

Crl.O.P.No.18380 of 2019 GP(CO) SP(02/08/2019)