R.Sekar @ Govindaraj v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.24045 OF 2021 R.Sekar @ Govindaraj,

...Petitioner

Versus

1.The Superintendent of Police, Kancheepuram.

2.The Inspector of Police, S-14, Peerkankaranai Police Station, Chennai - 600 063.

3.Jeevanandam 4.Devaraj,

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an Order of DIRECTION, directing the respondents to give protection of the petitioner and to her family members to put up construction in the property. For Petitioner :

M/s.C.Mohanraj For R1 & R2 :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents to give police protection to the petitioner and to her family members to put up construction in the property and pass such further or other orders.

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

3.The grievance of the petitioner is that, the petitioner is facing a threat for himself and for his property at the hands of the 3rd and 4th respondents. Though the petitioner had lodged a complaint on 23.09.2020, no action has been taken on his complaint. The further grievance of the petitioner is that when the petitioner attempted to put up a compound wall, the same was objected and demolished by the 3rd and 4th respondents. https://hcservices.ecourts.gov.in/hcservices/

4.Learned Additional Public Prosecutor would submit that on the complaint of the petitioner, C.S.R.No.415 of 2020 was assigned on 17.08.2020. He would further submit that the petitioner and the counter parties appeared before the respondent police for enquiry on 24.08.2020 and both the parties have agreed that there is a Civil Suit pending in O.S.No.136 of 2016 between them on the file of the learned District Munsif, Tambaram.

5.Considering the above finding that the civil suit is pending between the parties in O.S.No.136 of 2016, the petitioner is directed to approach the Civil Court by filing an Interim Application and seek appropriate protection and orders from the Civil Court and based on the Civil Court order, the respondent Police shall give necessary protection to the petitioner.

6.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar dk To 1.The District Munsif, Tambaram.

2.The Superintendent of Police, Kancheepuram.

3.The Inspector of Police, S-14, Peerkankaranai Police Station, Chennai - 600 063.

4.The Public Prosecutor High Court of Madras, Chennai - 600 104.

+1cc to M/s.C.Mohanraj, Advocate Sr.No.66883 CRL.O.P.No.24045 of 2021 BP(CO) RVM(08/02/2022) https://hcservices.ecourts.gov.in/hcservices/