Jagadeesan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.01.2021 PRESENT THE HONOURABLE MRS.JUSTICE R.HEMALATHA Jagadeesan ... Petitioner Vs

1. The Commissioner of Police, Trichy City, Trichy.

2. The Assistant Commissioner of Police, Srirangam, Trichy District.

3. The Inspector of Police, Srirangam Police Station, Trichy District.

4.N.Anbarasu ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 to give adequate police protection to the petitioner so as to enable the petitioner enter into his property situated at Shop No.78, 78A, Amma Mandapam Road, Srirangam, Trichy District.

For Petitioner : Mr.G.Balamahendran For Respondents : Mr.R.Erottuchamy Government Advocate for R1 to R3

ORDER

This petition has been filed under Section 482 Cr.P.C seeking for police protection to the petitioner so as to enable him to enter into his property in Shop No.78, 78A, Amma Mandapam Road, Srirangam, Trichy District.

2.The contention of the petitioner is that he is the lessee in the aforesaid property and that one Anbarasu (fourth respondent herein), who was managing the business of the petitioner, suddenly contended that he is running the business in the said property for 1/3

several years. Admittedly, there is a civil dispute between the petitioner and the fourth respondent in O.S.No.496 of 2018 on the file of the District Munsif Court, Srirangam and the same is still pending.

3.A perusal of the order passed by the District Munsif in I.A.No.86 of 2018 in O.S.No.496 of 2018 shows that the fourth respondent has contended that he is running a business under the name and style of 'Relax Communication' in the property situated at Shop No.78 and 78A, Amma Mandapam Road, Srirangam, Trichy from the year 2004. In the circumstances, the prayer sought for by the petitioner cannot be granted here and he has to approach the concerned Civil Court to get his remedy.

4.At this juncture, the learned counsel for the petitioner contended that the fourth respondent is not co-operating for disposing the suit and a direction may be given to the District Munsif for speedy disposal of the case.

5.Considering his submission, the learned District Munsif, Srirangam is directed to dispose of O.S.No.496 of 2018 within a period of six(6) months from the date of receipt of a copy of this order.

6.With the above observations, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (A.E) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk Note : In view of the present lock down owing to COVID19 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 District Munsif, Srirangam.

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2. The Commissioner of Police, Trichy City, Trichy.

3. The Assistant Commissioner of Police, Srirangam, Trichy District.

4. The Inspector of Police, Srirangam Police Station, Trichy District.

Copy to: The Court Manager, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.15799 of 2020 Date : 04.01.2021 MJ(CO) CS(19.01.2021) 3P 6C 3/3