Madras High CourtCRL OP/28134/2018dismissed

Jerome Tettarav v. The Superintendent Of Police

2018-12-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.28134 of 2018 Jerome Tettarav S/o.Joseph Tettarav ... Petitioner Vs.

1.The Superintendent of Police, North Division, Jawaharlal Nehru Street, Pondicherry.

2.Premraja

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the first respondent to provide police protection to the petitioner to carry out repair works in the petitioner's house at No.85, Mission Street, Pondicherry by considering the petitioner's representation dated 15.11.2018 and also direct the first respondent to take action against the second respondent.

For Petitioner : Mr.J.Bharathiraja For R1 : Mr.Bharatha Chakkaravathi Public Prosecutor (Puducherry)

O R D E R

This Criminal Original Petition has been filed seeking for police protection to the petitioner to carry out repair works in the petitioner's house.

2. It is seen from the records that there is already a Civil dispute pending between the parties and the case is pending by way of an appeal before this Court in A.S.No.818 of 2015.

3. The relief as sought for by the petitioner cannot be granted by this Court and the petitioner has to seek the said relief only by filing the appropriate petition in the pending appeal. This Court cannot parallely adjudicate the matter when https://hcservices.ecourts.gov.in/hcservices/

the appeal is already pending before this Court.

4. This Criminal Original Petition is dismissed by giving liberty to the petitioner to work out his remedy in the pending appeal before this Court.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar lpp/vsa To 1.The Superintendent of Police, North Division, Jawaharlal Nehru Street, Pondicherry.

2. The Public Prosecutor (Puducherry), High Court, Madras.

+1cc to Mr.J.Bharathiraja, Advocate, S.R.No.83305 +1cc to The Public Prosecutor , S.R.No.83579 CRL.O.P.No.28134 of 2018 GSP(14/12/2018) https://hcservices.ecourts.gov.in/hcservices/