K.G.Subburaman vs State By Inspector Of Police (L & O) on 25 July, 2019

[Cites 2, Cited by 2]

Madras High Court

K.G.Subburaman vs State By Inspector Of Police (L & O) on 25 July, 2019

Bench: N. Anand Venkatesh

                                                               1

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 25.07.2019

                                                           CORAM

                                   THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                   Crl.O.P.No.19769 of 2019

                     K.G.Subburaman                                                ... Petitioner

                                                               Vs.
                     1.State by Inspector of Police (L & O),
                       Periyanaickenpalayam,
                       Coimbatore.

                     2.R.Ravichandran                                              ... Respondents


                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the 2nd respondent police to give protection based on
                     the complaint given by the petitioner dated 18.06.2019 within a time frame that
                     may be fixed by this Court.


                                         For Petitioner        : Mr.J.Franklin
                                         For Respondents       : Mr.M.Mohamed Riyaz (for R1)
                                                                 Additional Public Prosecutor

                                                          ORDER

This petition has been filed seeking for police protection for the life and property of the petitioner.

2.It is seen from records that a civil suit has already been filed by the http://www.judis.nic.in 2 petitioner against the 2nd respondent in O.S.No.1554 of 2016 before the III Additional District Munsif Court, Coimbatore. In the said suit the petitioner has also filed a petition for interim injuction against the 2nd respondent and the Court below by an order dated 22.01.2018 has allowed the petition and granted an order of interim injunction in favour of the petitioner.

3.The grievance of the petitioner is that inspite of the order of injunction passed by the Court below, the 2nd respondent is causing threat and is interfering with the possession and enjoyment of the property. The petitioner has also given a complaint before the respondent police on 18.06.2019 and since no action has been taken on the complaint, the present petition has been filed before this Court.

4.Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

5.The relief as sought for by the petitioner before this Court can also be sought for before the Court below by filing an application under Section 151 of C.P.C. The Court below will be in a proper position to deal with the petition since the entire materials are before the Court and already the Court below had granted an injunction in favour of the petitioner. This Court does not want to http://www.judis.nic.in 3 parallely entertain the petition for police protection.

6.In the result, this Criminal Original Petition is disposed of by giving liberty to the petitioner to move an appropriate petition before the Court below seeking for police protection and the Court below shall consider the same in accordance with law.

25.07.2019 Index :Yes/No Internet:Yes/No jas/vs Note: Issue Order Copy on 29.07.2019 To

1.The Inspector of Police (L&o), Periyanaickenpalayam, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 4 N. ANAND VENKATESH,J jas/vs Crl.O.P.No.19769 of 2019 25.07.2019 http://www.judis.nic.in

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