Ajay K. Agarwal v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20768 of 2019 Ajay K.Agarwal ... Petitioner Vs.

1.Inspector of Police, J-3, Guindy Police Station, Guindy, Chennai - 600 032.

2.Race View Colony Welfare Association, Represented by its president, Mr.E.L.Ashok Anand No.1 Main Road, Race View colony, Guindy, Chennai - 600 032.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st Respondent to provide adequate police protection to the petitioner's property to erect compound walls in and around the land covered in Old Re-Survey No.84/1B and 85/B, Town Survey No.6, to a total extent of 2,460 (Two Thousand Four Hundred and Sixty) square feet, Block No.2, C.A.No.768/94-95, Velacherry Village, Mambalam - Guindy Taluk, Chennai District.

For Petitioner : Mr.K.Thangarasu For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police to provide police protection. 2.It is seen from records that there is already a civil suit pending between the parties in O.S.No.5794 of 2016, on the file of the VII Assistant Judge, City Civil Court, Chennai. An order of interim injunction has also been passed in the suit. If there is any violation of the said order or any threat is caused by the counter party, the petitioner should move a https://hcservices.ecourts.gov.in/hcservices/

petition only before the concerned Civil Court and he cannot parallely move this Court under Section 482 of Cr.P.C. 3.In view of the above, this Criminal Original Petition is disposed of by giving liberty to the petitioner to move an appropriate petition before the Civil Court where the suit is pending and workout his remedy in accordance with law. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar jas/vs To 1.The Inspector of Police, J-3, Guindy Police Station, Guindy, Chennai - 600 032.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Thangarasu Advocate, S.R.No. 66811 SPD(CO) CB(03/09/2019) Crl.O.P.No.20768 of 2019 https://hcservices.ecourts.gov.in/hcservices/