Madras High CourtCRL OP(MD)/1117/2022disposed of

R. Gandhi v. The Superintendent Of Police

2022-01-24Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1117 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1117 of 2022 R.Gandhi ... Petitioner vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Sub Inspector of Police, Palanichettipatty Police Station, Theni District.

3.Samiraj 4.Karthickraja 5.Nageshwara Kannan 6.Paul Sundar 7.Madhanakala 8.Eashwaran 9.Periyasamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to provide adequate police protection for peaceful enjoyment of the petitioner's property survey No.415/4 an extent of 1 Acre 21 cents situated at Koduvilarpatti Village, Theni Taluk & District based on the representation dated 11.01.2022 made before the first respondent and other higher officials. For Petitioner : Mr.R.Murugan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) appearing for the respondents 1 & 2.

2. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with.

3. It appears that there is a dispute going on between the petitioner on the one hand and the private respondents on the other. The petitioner alleges the police are interfering in the civil dispute.

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Crl.O.P.(MD)No.1117 of 2022

4. The police are strictly directed not to interfere in the civil dispute. It is not open to them to lock any premises without there being an order from the jurisdictional civil court or the executive magistrate. It is for the parties to work out their rights before the jurisdictional civil court. If of-course the acts of the parties amount to any cognizable offence, the police are obliged to register an FIR and take action as per law. 5.Directing the police to stick to due process, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Theni District, Theni.

2.The Sub Inspector of Police, Palanichettipatty Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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