Madras High CourtCRL OP(MD)/617/2019dismissed

R.Aathi Lakshmi v. The Superintendent Of Police,

2021-11-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.617 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P(MD)No.617 of 2019 R.Aathi Lakshmi Petitioner Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kadupatti Police Station, Madurai District.

3.Pari Respondents PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the first and second respondents to provide police protection to the petitioner's life and and limb. For Petitioner : Mr.S.Chellapandian For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed seeking police protection on the basis of the representation dated 03.12.2018. 2.When the matter is taken up for hearing, the learned counsel for the petitioner would submit that suit in O.S.No.124 of 2018 was filed by the third respondent, seeking partition. The petitioner has purchased the property from one Rajeshwari. According to the learned counsel for the petitioner, it is the property of Rajeshwari, in which the third respondent has no right. Even then, he made trouble and trespassed into the property and on that basis the petitioner gave complaint, based on which, a case in Crime No.181 of 2018 was filed. Inspite of registration of the case, the third respondent is making trouble. So that the petitioner could not cultivate the land. Hence, this petition. 3.

Since suit is pending with regard to the civil dispute, granting police protection to one party is not fair on the part of the respondent police. The parties are at liberty to work out their remedy through appropriate civil proceedings. https://hcservices.ecourts.gov.

Crl.O.P(MD)No.617 of 2019 4.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kadupatti Police Station, Madurai District.

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

Crl.O.P(MD)No.617 of 2019 08.11.2021 RK/PM(17/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2