S.Parvathi v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN S.Parvathi ... Petitioner Vs.
1. The Commissioner of Police Greater Police Chennai Vepery, Chennai
2. The Inspector of Police (L&O) V5, Tirumangalam Police Station Chennai
3. Smt.Sabari Pratap ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the 2 nd respondent to provide necessary police protection to the petitioner and his family from the 3 rd respondent and other anti-social elements pursuant to the petitioner's representation dated 05.09.2024. For Petitioner : Mr.V.Lakshmi Narayanan For Respondents 1 & 2 : Mr.S.Sugendran Additional Public Prosecutor For 3 rd Respondent : Mr.R.Ganesh 1/4
ORDER
This Criminal Original Petition has been filed by the petitioner to direct the 2 nd respondent to provide necessary police protection to the petitioner and his family from the 3 rd respondent and other anti-social elements pursuant to the petitioner's representation dated 05.09.2024.
2. The case of the petitioner is that there was a property dispute between the petitioner and her sister/3 rd respondent. Hence, the petitioner along with her brothers, filed a suit before this Court in C.S.No.278 of 2021 against her sister/3 rd respondent and mother in which, interim injunction was also granted and the same is still in force. However, the 3 rd respondent by hiring henchmen, threatening the petitioner with dire consequences and to damage the property. Hence, the petitioner gave a representations dated 05.09.2024 and 09.09.2024 to the respondents 1 and 2 to provide adequate police protection to the petitioner and her family members. But the same has not been considered so far. Hence, the present petition has been filed invoking Section 528 of B.N.S.S. seeking direction to the 2 nd respondent to provide necessary police protection to the petitioner and her family members. 2/4
3. Heard both sides and perused the materials available on record.
4. The police has nothing to do with the civil case. When a civil suit is pending, invoking Section 528 of B.N.S.S. is nothing but abuse of process of law. Therefore, this Criminal Original Petition is dismissed.
5. The petitioner is directed to work out her remedy before the Civil Court in the pending civil suit.
04.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2
1. The Commissioner of Police Greater Police Chennai Vepery, Chennai
2. The Inspector of Police (L&O) V5, Tirumangalam Police Station Chennai
3. The Public Prosecutor, High Court of Madras.
3/4
P.VELMURUGAN. J.
Ksa-2 04.11.2024 4/4