Madras High CourtCRL OP/15395/2023disposed of

D.Vadivel v. Superintendent Of Police

2023-07-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Vadivel

...Petitioner

Vs 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Deputy Superintendent of Police, Denkanikottai Circle, Krishnagiri, Krishnagiri District.

3.The Inspector of Police, Anchetty Police Station, Krishnagiri District.

4.Shetty @ Ramasamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the 3rd respondent police to provide police protection to the petitioner based on the complaint to the respondent police dated 30.05.2023.

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For Petitioner : Mr.R.Balaguruswamy For Respondents-1 to 3 : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the third respondent police to provide police protection to the petitioner in order to enable him to fence the subject property.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3.

3. In the considered view of this Court, the fourth respondent seems to be interfering with the possession and enjoyment of the property and is not permitting the petitioner to fence the subject property. This is a dispute which cannot be resolved by the police and the petitioner has to necessarily move the Civil Court seeking for an injunction against the fourth respondent. Except giving this liberty, no further orders can be passed in this Criminal Original Petition.

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4. The Criminal Original Petition is disposed of in the above terms. 11.07.2023 Index : Yes/No Speaking order:Yes/No rsi To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Deputy Superintendent of Police, Denkanikottai Circle, Krishnagiri, Krishnagiri District.

3.The Inspector of Police, Anchetty Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J rsi 11.07.2023 4/4