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Madras High CourtCRL OP(MD)/4831/2020disposed of

J.Hemalath v. The Commissioner Of Police

2020-03-18Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2020

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.4831 of 2020 J. Hemalatha ... Petitioner Vs.

1. The Commissioner of Police Madurai City, Madurai

2. The Assistant Commissioner of Police Thilagar Thidal, Madurai

3. The Inspector of Police Karimedu Police Station Madurai City

4. Solairaj

5. T.Baskaran

6. K.Jeyasankar

7. Kala

8. Kalyani 9.Sugumaran 10.Nagaraj

11. Kannan 12.Nagasundar

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 to 4 to provide protection to the life and limb of the petitioner from the hands of the respondents 5 to 11 on the basis of the representation dated 13.03.2020.

For Petitioner : Mr.M.Ramesh For Respondents : Mrs. S.Bharathi No.1 to 3 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 4 to provide protection to the life and limb of the petitioner from the hands of the respondents 5 to 11 on the basis of the representation dated 13.03.2020.

2.The case of the petitioner is that the petitioner and the sixth respondent are husband and wife and the sixth respondent without the knowledge of the petitioner try to sold the ancestral property in favour of other respondents and the other respondent inorder to grab the property waylaid the petitioner's shop and try to encrocah the property, hence the present petition is filed. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate(Crl.Side) would submit that the petitioner and 6th respondent are husband and wife and the respondents 6 to 12 are the owner of the property and they sold their share of property in favour of the fifth respondent and the sixth respondent handed over the property in favour of the fifth respondent. Aggrieved by the said possession possessed by the fifth respondent, the petitioner filed vexatious petition inorder to harass the police officials. Further the petitioner also instituted suit in OS No. 58 of 2020 and if at all there is any apprehension it is open to the petitioner to approach the competent civil forum for appropriate relief.

4. Considering the facts and circumstances of the case admittedly the sixth respondent and the petitioner are husband and wife and the ancestral property allegedly to have been sold by the respondents 6 to 12 in favour of the fifth respondent, the prayer sought for by the petitioner cannot be granted. However liberty granted to the petitioner to approach the appropriate forum in the manner known to law.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (C.S.II) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To:

1. The Commissioner of Police Madurai City, Madurai

2. The Assistant Commissioner of Police Thilagar Thidal, Madurai

3. The Inspector of Police Karimedu Police Station Madurai City

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.RAMESH, Advocate ( SR-12294[F] dated 18/03/2020 ) Crl.O.P.(MD)No.4831 of 2020 18.03.2020 PU(08/05/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/