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Madras High CourtCRL OP(MD)/1033/2017dismissed

G.Vinu (M/A 35), v. The Superintendent Of Police,

2019-06-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.1033 of 2017 G.Vinu : Petitioner

Versus

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Pudhukadai Police Station, Kanyakumari District.

3.Mani @ Selvamani : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the first and second respondents to grant adequate police protection to the life and limb of the petitioner based on the petitioner's complaint dated 30.04.2016. For Petitioner : Mr.S.C.Herold Singh For Respondents 1&2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For Respondent No.3 : Ms.J.Anandhavalli *****

O R D E R

This petition has been filed seeking a direction to the first and second respondents to grant adequate police protection to the life and limb of the petitioner, based on his complaint dated 30.04.2016.

2. Heard both sides.

3. The grievance of the petitioner is that he has obtained a decree for possession against the third respondent. Now, he has also filed execution proceedings and the same is pending before the Executing Court. In the meantime, the third respondent is not permitting the petitioner to enjoy the fruits of the decree. Hence, he seeks police protection.

4. It is an admitted fact that there is a decree for possession in favour of the petitioner and it is to be executed, and https://hcservices.ecourts.gov.in/hcservices/

only by executing the decree, the petitioner can be put in possession. Instead of approaching the Civil Court concerned for possession, the petitioner cannot approach the police seeking police protection. Hence, the Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Pudhukadai Police Station, Kanyakumari District.

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

+1cc to Mr.S.C.HEROLD SINGH, Advocate, SR.No. 68091 +1cc to Mr.J.ANANDHAVALLI, Advocate, SR.No. 68194 Crl.O.P.(MD) No.1033 of 2017 Dated: 11.06.2019 SML KK/SAR/01.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/