Madras High CourtCRL OP(MD)/13308/2018dismissed

Noorjehan v. The Superintendent Of Police

2018-08-06Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.13308 of 2018 and Crl.M.P.(MD)No.6296 of 2018 Noorjehan ... Petitioner Vs.

1. The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Melur, Madurai District.

... Respondents PRAYER:- Petition filed under Section 482 of Criminal Procedure Code seeking a direction to the respondents to extend protection to the petitioner and to allow the petitioner to erect the placard in the suit properties about the litigation involved in making encumbrance. For Petitioner : Mr.M.V.Venkataseshan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This petition has been filed seeking for police protection.

2. The learned Counsel for the petitioner submitted that A.S. (MD)No.91 of 2007 is pending on the file of this Court and there is already an order of injunction granted against the respondents in that appeal, not to alienate or encumber the suit property. In spite of the same, the property has been alienated to one Ramakrishnan and he is attempting to put up construction in the suit property. In order to stop this, the petitioner has filed this petition seeking for police protection.

3. The entire issue is now seized before this Court in the appeal. If at all, the petitioner has any grievance insofar as the alienation of the property or the attempt to put up any construction in the property is concerned, it is for her to move appropriate application in the pending appeal. A parallel petition for police protection cannot be entertained by this Court in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, there are no merits in this Criminal Original Petition and the same is accordingly dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Melur, Madurai District.

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

+ 1 CC TO Mr.M.V.VENKATASESHAN, ADVOCATE IN SR No. 77439 GK TE/RP/SAR-3 : 21/08/2018 : 2P/5C Crl.O.P.(MD)No.13308 of 2018 and Crl.M.P.(MD)No.6296 of 2018 06.08.2018 https://hcservices.ecourts.gov.in/hcservices/