Disposed

Paribak v. the Superintendent of Police

Madras HC7 Feb 2018CRL OP(MD)/1859/2018

Case brief

AI extract

What is this about?

In a Crl.O.P. under S. 482 CrPC, the petitioner sought police protection against intimidation by adjacent landowners who obstructed a revenue measurement of ancestral property. The court directed the respondents to expedite the enquiry.

What did the court decide?

Second respondent directed to expedite enquiry; register case if cognizable offence found, otherwise direct parties to Civil Court.

Paribak Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.02.2018

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CORAM :

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THE HON'BLE MR.JUSTICE P.RAJAMANICKAM

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CRL.O.P.(MD)No.1859 of 2018

Paribak

... Petitioner

-vs-

The Superintendent of Police, Dindigul District, Dindigul.

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The Inspector of Police, Sanarpatti Police Station, Dindigul District.

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3.Dharmaraj 4.Sureshbabu ... Respondents

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Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 1^st and 2^nd respondents to provide necessary Police protection to the petitioner and his family members life and limb by considering his representation dated 24.01.2018.

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For Petitioner : Mr.R.Gandhi

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For R1 & R2 : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

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ORDER

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This Criminal Original Petition has been filed by the petitioner, to direct the first and second respondents to provide necessary Police protection to the petitioner and his family members life and limb, based on the complaint given by the petitioner, dated 24.01.2018.

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2.The learned counsel appearing for the petitioner has submitted that the petitioner is having ancestral property in Survey Nos.393/5, 393/6 and 393/7, measuring to an extent of three acres and sixty one cents. He further submitted that the petitioner requested the Tahsildar, to measure his property and https://hcservices.ecourts.gov.in/hcservices/ demarcate the boundary and accordingly, the Tahsildar came and tried to measure the property and at that time, the third and

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fourth respondents criminally intimidated the petitioner and prevented the Tahsildar from measuring the property and also threw stones on the petitioner and the Tahsildar and hence, the petitioner gave a petition on 24.01.2018, but, so far no action has been taken.

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3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the petition, the second respondent has issued C.S.R.No.38 of 2018 and the enquiry is still pending. He further submitted that the third and fourth respondents are adjacent land owners and they are objecting the Revenue Officials for measuring the lands.

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4.Recording the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, then he has to direct the parties to approach the Civil Court and get appropriate remedy.

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5.With the aforesaid observations, this Criminal Original Petition is disposed of.

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Sd/-

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Assistant Registrar(CS-III)

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/True Copy/

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Sub Assistant Registrar

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The Superintendent of Police, Dindigul District, Dindigul.

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The Inspector of Police, Sanarpatti Police Station, Dindigul District.

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1 cc TO Mr.R.Gandhi , Advocate in SR No. 47034

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sss

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AE/KKR/SAR4/22.02.2018/2P/4C

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CRL.O.P.(MD)No.1859 of 2018 07.02.2018

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https://hcservices.ecourts.gov.in/hcservices/

Paribak v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Paribak v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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