Madras High CourtCRL OP(MD)/4175/2018dismissed

K.M. Jaganatha Raja v. The Superintendent Of Police

2019-10-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P.(MD).No.4175 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.4175 of 2018 K.M.Jaganatha Raja ... Petitioner Vs.

1.State represented by The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, P.C. Patti Police Station, P.C.Patti, Theni District.

3.V.Senbaga Sundar .. Respondents (R3 impleaded as per order of this Court made in Crl.M.P(MD)no.7631 of 2018 in Crl.O.P(MD)No.4175 of 2018, dated 28.09.2018) PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to issue direction to the respondents to provide police protection to the petitioner and his property to remove the encroachment based on his representation dated 15.02.2018.

For Petitioner : Mr.P.Krishnan For R1 and R2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For R3 : Mr.P.Vijendran

O R D E R

This Criminal Original Petition has been filed to direct respondents to provide police protection to the petitioner and his property to remove the encroachment based on his representation dated 15.02.2018.

2.The learned Government Advocate (criminal side) submitted that there is dispute between the petitioner and the third respondent. Therefore, the second respondent referred the matter before the Revenue Divisional Officer and initiated proceedings under Section 145 of Cr.P.C, which is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.4175 of 2018 3.At this stage, the prayer sought for by the petitioner cannot be considered. Hence, this Criminal Original Petition is dismissed. However, liberty is given to the petitioner to approach the second respondent after completion of proceeding under Section 145 of Cr.P.C on the file of the Revenue Divisional Officer. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) das To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, P.C. Patti Police Station, Town, P.C.Patti, Theni District.

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

CRL.O.P.(MD).No.4175 of 2018 04.10.2019 CS(22.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2