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Madras High CourtCRL OP(MD)/13494/2020closed

Uco Bank v. The Superintendent Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN UCO Bank Represented by its Branch Manager, E.M.Parthiban ... Petitioner Vs.

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

2. The Inspector of Police, Sempatti Police Station, Dindigul District.

3. R.Udhaya Kumar

4. U.Lakshmi

5. U.Santhakumar

6. U.Dinesh

7. A.Saleem Sait ... Respondents (R7 impleaded as per order of this Court dated 27.07.2021 in Crl.M.P.(MD).No.5105 of 2021 in Crl.O.P.(MD).No.13494 of 2020) Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents No.1 & 2 to provide adequate police protection so as to enable the petitioner bank to take physical possession of the secured asset bearing Plot No.3 comprised in S.No.499/1A1 measuring an extent of 1735 sq.fts situated at K.T.M Nagar, Seeval Saragu Village, Athoor Taluk, Dindigul District. For Petitioner : Mr.K.Periyasamy For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 & R5 : M/S.M.Viji 1/3

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to provide adequate police protection so as to enable the petitioner bank to take physical possession of the secured asset bearing Plot No.3 comprised in S.No.499/1A1 measuring an extent of square feet situated at K.T.M Nagar, Seeval Saragu Village, Athoor Taluk, Dindigul District.

2. The complaint lodged by the petitioner dated 27.10.2020 was enquired and closed on 24.11.2020 for the reason that the petitioner had taken over physical possession of the property which was purchased by the petitioner in an auction. However, learned counsel for the petitioner later pointed out that the respondents 3 to 6 again trespassed into the property and they are in possession of the subject property.

3. Therefore, under these facts and circumstances, police protection cannot be granted. This Criminal Original Petition is closed. However, the petitioner is at liberty to approach the concerned Civil Court for appropriate relief. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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, Dindigul District, Dindigul.

2. The Inspector of Police, Sempatti Police Station, Dindigul District.

2/3

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

15.02.2022 RK(01/03/2022) 3P 4C 3/3