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Madras High CourtCRL OP(MD)/5174/2019dismissed

Chellammal v. The Inspector Of Police,

2019-09-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.5174 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5174 of 2019 and Crl.M.P.(MD)No.3775 of 2019 Chellammal ... Petitioner Vs.

1.The Inspector of Police, Karaiyur Police Station, Karaiyur, Pudukkottai District.

2. Palaniyandi Ambalam .. Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the Respondent Police to provide sufficient Police protection to carry out the private maintenance irrigation work in the Petitioner's lands bearing S.No.289/1, Karaiyur Village, Pudukkottai District, in pursuance of the decree in O.S.No.373 of 2013 Sub Court, Pudukkottai and also her representation dated 13.10.2018. For Petitioner: Ms.G.Vidhya Maheswaran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed to direct the respondent Police to provide sufficient Police protection to carry out the private maintenance irrigation work in the Petitioners lands bearing S.No.289/1, Karaiyur Village, Pudukkottai District, in pursuance of the decree in O.S.No.373 of 2013 Sub Court, Pudukkottai and also her representation dated 13.10.2018. 2.When the matter was taken up for hearing today, the learned Government Advocate (Crl.side) on instructions would submit that on the complaint given by the petitioner, enquiry was conducted and the same was closed as 'civil in nature' and directed the parties to approach the civil Court. 3.Recording the said submission made by the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.5174 of 2019 Government Advocate (crl.side) that the complaint filed by the petitioner has been enquired into and it has been closed as the dispute is civil in nature, the parties are directed to approach the Civil Court.

4. Considering the fact that the complaint has already been closed, the prayer sought for by the petitioner, at this stage, cannot be granted. Hence, this criminal original petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Inspector of Police, Karaiyur Police Station, Karaiyur, Pudukkottai District.

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

Crl.O.P.(MD).No.5174 of 2019 12.09.2019 KM/(14.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2