The Court dismissed a Criminal Original Petition under Section 482 CrPC seeking police protection for property recovery. The Court held the petitioner must first approach the Execution Court where the pending civil suit is filed to request police aid.
The Criminal Original Petition seeking police protection for property recovery was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.01.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
CRL.O.P.No.188 of 2020
Thirupathi ... Petitioner
Vs.
1. The State rep. By
The Superintendent of Police,
Krishnagiri District.
2. The Inspector of Police,
Rayakottai Police Station,
Rayakottai Taluk,
Krishnagiri District.
3. Venkataraman
4. Perumal
5. Maadhu
6. Chinnasamy
7. Govindhan
8. Shankar
9. Krishnan ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to direct the second respondent
to conduct enquiry and give police protection to the petitioner
for recovery of his property in S.No.239/2 measuring an dry
extent of Hec.2.53.5 Pillari Agraharam Taraff, Denkanikotti
Taluk and Krishnagiri District in view of the petitioner
complaint dated 10.05.2019 by appreciating the above facts and
circumstances.
For Petitioner :M/s.V.Sakkarapani For Respondents :Mr.M.Mohamed Riyaz (For R1 & R2) Additional Public Prosecutor
This petition has been filed to direct the second respondent to give police protection to the petitioner for recovery of his property in S.No.239/2 measuring 2.53.5
Hectares, Pillari Agraharam Taraff, Denkanikotti Taluk, Krishnagiri District.
ebsi
To 1. The Superintendent of Police, Krishnagiri District. 2. The Inspector of Police, Rayakottai Police Station, Rayakottai Taluk, Krishnagiri District.
CRL.O.P.No.188 of 2020
CP(CO)
SP(11/02/2020)
1 issue framed by the court
Whether a petitioner can file a Criminal Original Petition seeking police protection for property recovery under Section 482 CrPC when a civil execution petition regarding the same property is pending
1 provisions across 1 enactments
Thirupathi
The State
Venkataraman
Perumal
Maadhu
Chinnasamy
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
