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Madras High CourtCRL OP/24049/2016closed

Nalini, Aged 25 Years, v. The Assistant Commissioner Of

2016-11-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.24049 of 2016 Nalini ... Petitioner Vs 1.The Assistant Commissioner of Police Perambur Range Chennai.

2.The Inspector of Police K9, Thiru-vi-Ka Nagar Police Station Chennai.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 1 and 2 to give police protection to put the fencing wall in the petitioner's land situated at Plot No.2,3,4, Door No.4 Dr.Ambedkar Nagar, M.H.Road, Sembiam, Chennai-11 measuring a total extent of 19-1/2 acres out of which admeasuring an extent of 1800 sq.ft. comprised in Survey No.19/1, 19/2 having continuation number (Husur Garden Enemy Property) based on the petitioner's complaint dated 10.09.2016.

For petitioner :

Mr.G.Anbuchezheian For respondents :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondents 1 and 2 to give police protection to put the fencing wall in the petitioner's land situated at Plot No.2,3,4, Door No.4 Dr.Ambedkar Nagar, M.H.Road, Sembiam, Chennai-11 measuring a total extent of 19-1/2 acres out of which admeasuring an extent of 1800 sq.ft. comprised in Survey No.19/1, 19/2 having continuation number (Husur Garden Enemy Property) based on the petitioner's complaint dated 10.09.2016.

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2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. Learned counsel for the petitioner relied upon a judgment of this Court in Radhika Sri Hari and another v. Commissioner of Police, Coimbatore City, Coimbatore [2014 (2) CTC 695].

4. In State of Punjab vs. Davinder Pal Singh Bhullar and others [(2011) 14 SCC 770], the Supreme Court has held that the power u/s 482 Cr.P.C. can be invoked only in respect of matters which are pending on the file of the Courts subordinate to the High Court.

In view of the above, the direction as prayed for cannot be granted. It is however, open to the petitioner to work out her remedy before the civil Court.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gms To 1.The Assistant Commissioner of Police, Perambur Range, Chennai.

2.The Inspector of Police, K9, Thiru-vi-Ka Nagar Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

Crl.OP No.24049 of 2016 snr[co] srg 08/12/2016 https://hcservices.ecourts.gov.in/hcservices/