Madras High CourtCRL OP(MD)/17084/2021dismissed

Dhanabackiyam v. The Superintendent Of Police

2021-12-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.17084 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17084 of 2021 Dhanabackiyam ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Thirupattur Taluk, Sivagangai District.

3. The Inspector of Police, Keelasevalpatti Police Station, Keelasevalpatti, Thirupattur taluk.

4. S.Manoj Kumar

5. Kalaikodi

6. Dhamayandi

7. Sasikumar ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., directing the first respondent to direct the second respondent to give adequate protection to the life and limb of the petitioner and her family from the intervention of the Respondent Nos. 4 to 7, by considering the petitioner's complaint dated 12.10.2021.

For Petitioner : Mr.S.Atham For Respondents : Mr.M.Sakthi Kumar Government Advocate for R1 to R3

ORDER

The petitioner alleges that the private respondents are interfering with the petitioner's possession and enjoyment of the subject property. According to the petitioner's counsel, the petitioner is the absolute title holder of the said property and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17084 of 2021 that the private respondents herein have no manner of the right over it. If that be so, the appropriate remedy open to the petitioner is to file an injunction suit. The petitioner is not having any enforceable order or decree from the jurisdictional Civil Court. The question of invoking Section 482 Cr.P.C does not arise at all. Leaving open the petitioner's rights and remedies, this Criminal Original Petition stands dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mga 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, Sivagangai District, Sivagangai.

2. The Deputy Superintendent of Police, Thirupattur Taluk, Sivagangai District.

3. The Inspector of Police, Keelasevalpatti Police Station, Keelasevalpatti, Thirupattur taluk.

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

Crl.O.P.(MD)No.17084 of 2021 08.12.2021 USK (28.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2