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Madras High CourtCRL OP/8300/2016closed

V.Muthusamy v. The Inspector Of Police

2018-04-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.8300 of 2016 V.Muthusamy Petitioner vs.

The Inspector of Police Dharmapuri Town Police Station Dharmapuri District.

Respondent Criminal Original Petition filed under Section 482, Cr.P.C. seeking for a direction to the respondent to provide police protection to the petitioner and his property based on the complaint dated 31.03.2016.

For Petitioner :Mr.C.Prabakaran For Respondent :Mrs.Kritika Kamal P Government Advocate (Crl Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent to provide police protection to the petitioner and his property, based on the complaint dated 31.03.2016.

2. It is the case of the petitioner that he is the owner of 4.08 acres of land in Kadakathur Village, Dharmapuri District and that one Subramani and his family members were claiming the title to the property and are attempting to take illegal possession of the same. In this regard, the petitioner has filed O.S.No.43 of 2016 before the District Munsif Court, Dharmapuri, against the said Subramani and his family members.

3. Heard Mr.C.Prabakaran, learned counsel for the petitioner and Mrs.Kritika Kamal.P, learned Government Advocate (Crl.Side) for the respondent.

4. The learned counsel for the petitioner submitted that the Civil Court has granted an order of interim injunction in https://hcservices.ecourts.gov.in/hcservices/

IA.No.302 of 2016 and the same has also been made absolute.

5. While so, it is alleged by the petitioner that the said Subramani and his family members are once again trying to interfere with the petitioner's peaceful possession and enjoyment of the property and hence, the present petition seeking for police protection has been filed. An order of police protection cannot be granted in a petition filed under Section 482 Cr.P.C., That apart, the said Subramani has not been made as a party / respondent in this petition. However, the respondent police is directed to ensure that there is no law and order problem by either parties in that area. If there is any law and order problem, it is open to the respondent police to take appropriate action against those who are involved. Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar mk To

1. The Inspector of Police Dharmapuri Town Police Station Dharmapuri District.

2. The Government Advocate (Crl.Side) High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate SR.No.29703 Crl.O.P. No.8300 of 2016 SG(CO) GN(09/05/2018) https://hcservices.ecourts.gov.in/hcservices/