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Madras High CourtCRL OP(MD)/1471/2023disposed of

C.Murugeswari v. The Superintendent Of Police

2023-01-25Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.Murugeswari ... Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Dindigul.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur, Dindigul District.

4.L.Moorthy 5.S.Murugesan 6.K.Sakthivel ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 to 3 to grant police 1/6

protection to the petitioner and her family for ingress and egress of the petitioner's agricultural fields in Patta No.1427 measuring 13 acres and 50 cents through the common 15 feet cart track located in Survey Nos. 1932/1, 1932/2, 1932/3 and 1931/5 in Agaram Village, Dindigul West Taluk Dindigul.

For Petitioner : Mr.M.S.Sureshkumar For R1 to R3 : Mr.SS.Madhavan Government Advocate (Crl. Side) For R4 to R6 : Mr.B.Rajesh Saravanan

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents 1 to 3 to grant police protection to the petitioner and her family members for ingress and egress of the petitioner's agricultural fields in Patta No.1427 measuring 13 acres and 50 cents through the common 15 feet cart track located in Survey Nos.1932/1, 1932/2, 1932/3 and 1931/5 in Agaram Village, Dindigul West Taluk, Dindigul.

2. Mr.B.Rajesh Saravanan, learned counsel takes notice for the respondents 4 to 6.

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3. The learned counsel appearing for the petitioner would submit that the petitioner has filed a civil suit with respect to the common pathway and obtained injunction and the injunction was made absolute and that subsequently, the previous owner has sold the property to the fourth respondent and the fourth respondent, after purchasing the said property, is attempting to obstruct the pathway.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the petitioner, summons were issued to the other side to appear on 28.01.2023 at about 10.00 a.m.

5. Recording the submission made by the learned Government Advocate (Criminal Side), the petitioner and the respondents 4 to 6 are directed to appear before the third respondent and on such appearance, the third respondent is directed to consider the representation of the petitioner, taking note of the injunction order granted by the competent civil Court and decide the same within a period of two weeks from the date of receipt of a copy of this order.

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6. With the above directions, this Criminal Original Petition stands disposed of.

25.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Office of Superintendent of Police, Dindigul.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur, Dindigul District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 25.01.2023 6/6