This order dismisses a petition under Section 482 Cr.P.C. seeking police protection for construction. The court held that the dispute is civil in nature and the trial in the related criminal case has already been completed, granting no relief.
Criminal Original Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.13232 of 2020
J.Sasikumar S/o Jayapaul No.2/298, Mookareddipatti A.Pallipatti, Dharmapuri Dharmapuri District. ...Petitioner Vs. 1.State Rep by its The Superintendent of Police Dharmapuri District Dharmapuri - 636 905.
2.The Inspector of Police A.Pallipatti Police Station Dharmapuri District Dharmapuri - 636 905.
3.Poopathi S/o Rengarajan Mookareddipatti A.Pallipatti, Dharmapuri Dharmapuri District 636905. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd respondent to provide police protection to the petitioner for putting up compound wall around his property and do other construction activities based on the petitioner's complaint dated 14.03.2020.
For Petitioner : Ms.S.Sujatha For Respondents: Mr.S.Karthikeyan
Additional Public Prosecutor for 1 & 2
O R D E R
The Criminal Original Petition has been filed to direct the 2nd respondent to provide police protection to the petitioner for putting up compound wall around his property and do other construction activities based on the petitioner's complaint dated 14.03.2020.
2.The learned counsel for the petitioner would submit that the petitioner is the owner of the property and the 3rd
respondent herein, objecting the petitioner to put up any construction on his property.
3.The learned Additional Public Prosecutor would submit that in the year 2019 itself the petitioner lodged a complaint as against the 3rd respondent and the same has been registered in CSR No.183 of 2020 and subsequently enquired and closed as mistake of fact. In pursuant to the same the 3rd respondent also lodged a complaint and the same was registered against the petitioner in Crime No.100 of 2019. Thereafter, it was taken cognizance in C.C.No.194 of 2019 on the file of the Judicial Magistrate, Pappireddypatti and it is pending for trial. He further submitted that the dispute between the petitioner and the 3rd respondent is completely civil in nature and now without filing the suit, he sought for police protection.
4.It is seen from the records that already trial has been completed in C.C.No.194 of 2019 on the file of the Judicial Magistrate, Pappireddypatti. If at all, any right over the disputed property by the petitioner, he can very well approach the civil Court for appropriate relief. Therefore, the petition is devoid of merits. Accordingly, the Criminal Original Petition is dismissed.
Sd/-
Assistant Registrar //True Copy//
Sub Assistant Registrar
To
Crl.O.P.No.13232 of 2020
AJS(CO)
RV(28/10/2020)
1 issue framed by the court
Whether a petitioner seeking police protection for construction activities in an ongoing civil adjacency dispute falls within the ambit of inherent powers under Section 482 Cr.P.C.
1 provisions across 1 enactments
Jasikumar S/o Jayapaul
State Rep by its Superintendent of Police Dharmapuri District
Inspector of Police A.Pallipatti
Poopathi S/o Rengarajan
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
