Canara Bank v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P. No. 22437 of 2024 Canara Bank ... Petitioner Vs.

1.The Inspector of Police, J-8, Police Station, Neelankarai, Chennai.

2. M/s.Glenco Distilleries Private Ltd

3. P.Sathish Kumar

4. B.Sugeetha ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, for the issuance of Writ of Mandamus, to direct the 1st respondent to obey the orders of Hon'ble CJM Court, Chinglepet dated 27.06.2022 and consequently to provide necessary police assistance to the Advocate Commissioner to take physical possession of the secured property belonging to the 3rd and 4th respondents.

For Petitioner : Mr.L.Ganesh For Respondents : Mr. S. Udaya Kumar, Government Advocate (Crl.Side) for R1 1/3

ORDER

This writ petition is filed seeking police protection for implementation of the order passed by the Chief Judicial Magistrate, Chengalpat regarding taking the possession under Section 14 of SARFAESI Act.

2. This Court is of the view that if any police protection is required the petitioner has to approach the Court which has permitted them to take possession. Bypassing the procedure, this application filed under Section 482 of Cr.P.C tantamounts to abuse of process of law. Hence, Writ petition dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

06.08.2024 Vv To 1.The Inspector of Police, J-8, Police Station, Neelankarai, Chennai.

2.The Public Prosecutor, High Court of Madras.

2/3

Dr.G.JAYACHANDRAN,J.

Vv W.P.No.22437 of 2024 06.08.2024 3/3