Madras High CourtCRL OP(MD)/15066/2018dismissed

R. Periyanayagi v. The Commissioner Of Police

2018-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15066 of 2018 R.Periyanayagi : Petitioner Vs.

1. The Commissioner of Police, Subramaniyapuram, Tiruchirappalli District.

2. The Inspector of Police, Law and Order, Thillai Nagar Police Station, Trichy District. : Respondent/Complainant 3.Kumar : Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the second respondent to give adequate police protection to the petitioner to measure her land and lay stones and fence based on the petitioner's complaint dated 13.08.2018. For Petitioner : Ms.R.Yamuna For Respondents : Mr.K.Suyambulinga Bharathi No.1 and 2 Government Advocate [Crl. Side]

ORDER

The Criminal Original Petition has been filed for a direction to the respondent police to provide police protection.

2. The learned counsel for the petitioner would submit that the third respondent is not permitting the petitioner to survey the land and to mark her boundaries. She would further submit that there is a threat from the third respondent to the petitioner.

3. The learned Government Advocate would submit that based on the complaint given by the petitioner, the second respondent enquired the matter and during the enquiry, the petitioner had given the written representation to the effect that she will work out her remedy in the suit in O.S.No.678 of 2018. On receipt of this letter, the second respondent had also closed the complaint. https://hcservices.ecourts.gov.in/hcservices/

4. Admittedly, there is a civil dispute that is pending between the petitioner and the third respondent in O.S.No.678 of

2018. The petitioner has to work out her remedy only in the civil suit and cannot approach this Court seeking for police protection.

5. Accordingly, this Criminal Original petition is dismissed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Commissioner of Police, Subramaniyapuram, Tiruchirappalli District.

2. The Inspector of Police, Law and Order, Thillai Nagar Police Station, Trichy District.

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

+1cc to Ms.R.Yamuna, Advocate Sr.No.80472 SJI VB/SKN/SAR3/24.09.2018/2P/5C Crl.O.P.[MD].No.15066 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/