N.Kandasamy v. Iop Madukkarai Ps Cmbtore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.22993 of 2018 N.Kandasamy

...Petitioner

Vs

1. The State of Tamil Nadu Through the Inspector of Police Nallur Police Station Tiruppur District Tiruppur.

[Amended as per order in Crl. M.P.

No. 11174 of 2019 in Crl. O.P. No.

22993 of 2018 dated 26.08.2019.]

2. R.Pappathi

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the First Respondent to give police protection for the Petitioner to carry on his cultivation in his property.

For Petitioner : Mr.K.S.Karthik Raja For Respondent : Mr.M.Mohamed Riyaz (For R1) Additional Public Prosecutor M/s.G.Saravanan (For R2)

O R D E R

This Criminal Original Petition has been filed seeking for police protection based on the complaint given by the petitioner on 01.08.2018.

2.

It is seen from records that there is already a civil suit initiated by the petitioner against the 2nd respondent in O.S.No.240 of 2018 and the same is pending.

3.

In view of the pendency of the Civil suit, the parties will have to necessarily agitate their rights only before the Civil Court and a petition cannot be parallely filed before this Court, seeking for police protection under Section 482 of Cr.PC. https://hcservices.ecourts.gov.in/hcservices/

4.

In the result, this Criminal Original petition is dismissed.

Sd/- Assistant Registrar (C.S.VI) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police Nallur Police Station Tiruppur District, Tiruppur.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.S.Karthik Raja, Advocate SR.No.3144 AKM/22.2.21 /2P-4C/ Crl.O.P.No.22993 of 2018 20.01.2021 https://hcservices.ecourts.gov.in/hcservices/