Seenivasan v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.25579 of 2018 Seenivasan ... Petitioner Vs.

1.State Rep. By the Sub Inspector of Police, Magudamchavadi Police Station, Salem District.

2.Pachamuthu ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to give police protection for the petitioner and his property at in S.No.639/4 extent of 1,118 sq.ft.

For Petitioner : Mr.R.S.Maitreya For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.W.Camyles Gandhi for R2

ORDER

This Criminal Original Petition has been filed seeking for police protection to the petitioner and his property. 2.From the averments made in the affidavit, it is clear that there is a suit pending between the parties in O.S.No.310 of 2008 on the file of the District Munsif Court, Sankagiri. That apart, based on the FIR registered by the respondent Police in Crime No.291 of 2018, the dispute between the parties has been referred to the Executive Magistrate under Section 145 of Cr.P.c. and the enquiry is pending. It is therefore clear that there is a serious dispute with regard to the right over the property between the petitioner and the other party. In such https://hcservices.ecourts.gov.in/hcservices/

circumstances, the police cannot interfere and the relief sought for by the petitioner cannot be granted by this Court. 3.In the result, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar kal To 1.The Inspector of Police, Magudamchavadi Police Station, Salem District.

2.The Public Prosecutor, Madras High Court, Chennai.

+2cc to Mr.RS.Maitreya, Advocate SR.No.81803, 81109 +1cc to Mr.W.Camyles Gandhi, Advocate SR.No.81546 Crl.O.P.No.25579 of 2018 RGN(CO) GMY(13/12/2018) https://hcservices.ecourts.gov.in/hcservices/