A.Senjudar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.07.2023
CORAM:
The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.3132 of 2023 A.Senjudar ... Petitioner Vs.
1.The Superintendent of Police District Police Office, TVS Tollgate, Trichy - 20, Trichy District.
2.The Inspector of Police Lalgudi Police Station, Lalgudi, Trichy District.
3.Devi ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to issue a direction directing the 2nd respondent herein to provide necessary police protection to the petitioner life and limb herein in the light of the petitioner's representation, dated 02.01.2023. 1/5
For Petitioner : Mr.R.Sundar For Respondents : Mr.B.Thanga Aravindh, - for R1 & R2 Government Advocate (Crl.side) Mr.T.Lenin Kumar - for R3
ORDER
It is submitted by the learned counsel for the petitioner that there is a dispute between the petitioner and the third respondent in respect of a property involved in O.S.No.286 of 2022 on the file of the learned District Munsif Court, Lalgudi.
2. It is submitted by learned counsel for the petitioner that originally property belonging to the third respondent has settled the property in favour of the petitioner. Subsequently disputes between the the petitioner and third respondent as petitioner allegedly failed to take care of the welfare of the third respondent. On account of the disputes, the petitioner has filed O.S.No.286 of 2022 on the file of the learned District Munsif Court, Lalgudi and sought for an injunction. The petitioner got the interim injunction against the third respondent. Inspite of the grant of interim injunction, the third respondent stated to have 2/5
interfering and trying to dispossess the petitioner. On which, the petitioner have filed a complaint before the concerned police, but the police declined to grant protection.
3. The learned counsel for the third respondent submits that he has to ascertain whether any interim order is still in force or not. In case, if injunction orders are pending in favour of the petitioner, in respect of the schedule of property, in case, still there is an attempt by the third respondent in interfering with the possession of the petitioner, the respondent police are require to provide sufficient protection. The learned Government Advocate (Crl.side) submits that if the petitioner submits the records that interim injunction order are still in force, they will take appropriate measures.
4. While recording the same, this Criminal Original Petition is closed with a direction to the respondent that in case, if the petitioner files an application seeking police protection on the ground that they have interim injunction order in their favour, the police are also require to give notice to the third respondent before provide police protection, by 3/5
following the procedure.
5. With the above observation, this Criminal Original Petition is closed.
05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The Superintendent of Police District Police Office, TVS Tollgate, Trichy - 20, Trichy District.
2.The Inspector of Police Lalgudi Police Station, Lalgudi, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR. D.NAGARJUN, J.
pnn
ORDER
IN Crl.O.P.(MD)No.3132 of 2023 Date: 05.07.2023 5/5