Madras High Court
Nalini vs The State Rep. By on 5 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.20801 of 2020
Nalini ... Petitioner
Vs.
1.The State rep. By
The Assistant Commissioner of Police,
Sembiam Range,
Chennai.
2. The Inspector of Police,
K-9, Thiru-vi-ka Nagar Police Station,
Chennai. ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the
Code of Criminal Procedure, to direct the 2nd respondent to give police
protection based on the petitioner's complaint dated 07.10.2020 and
1.12.2020.
For Petitioner : Mr.G.Anbuchezheiyan
For R1 & R2 : Mr.M. Mohamed Riyaz
Addl. Public Prosecutor
https://www.mhc.tn.gov.in/judis/
2
ORDER
This Criminal Original Petition has been filed seeking for Police
Protection from the 2nd respondent Police based on the complaint
given by the petitioner on 7.10.2020 and 1.12.2020.
2. It is seen from records that the petitioner and her daughter
had filed a suit against Elumalai and three others in O.S.No.1269 of
2016 seeking for the relief of permanent injunction and a decree came
to be passed in favour of the petitioner by judgment and decree dated
20.12.2019. The grievance of the petitioner is that inspite of the
decree passed in favour of the petitioner, the defendants with the
help of their henchmen managed to forcibly enter upon the property.
A complaint was given to the respondents in this regard on 7.10.2020
and 1.12.2020. Since no action was taken by the respondents, the
present petition has been filed seeking for appropriate directions.
3. Heard Mr.G.Anbuchezheiyan, learned counsel for petitioner
and Mr. M. Mohamed Riyaz, learned Addl. Public Prosecutor appearing
for the respondents.
4. In the considered view of this Court, the finding of the Court
https://www.mhc.tn.gov.in/judis/
below is to the effect that the petitioner and her daughter are in
possession and enjoyment of the subject property. However the
complaint given by the petitioner to the respondents reads as if the
defendants in the suit along with 10 others forcibly entered the
property and illegally evicted the petitioner.
5. In the facts and circumstances of the case, it will be fit and
proper for the petitioner to file an Execution Petition under Order 21,
Rule 32 of CPC and execute the decree, if according to the petitioner,
there is any violation of the decree passed in favour of the petitioner.
Even at the time of considering the EP, the executing Court can
always order for police protection based on the materials placed
before it. This case involves certain appreciation of facts by the
execution court which will be more competent to handle the
grievance expressed by the petitioner. Therefore, liberty is granted
to the petitioner to file an execution petition before the concerned
Court and work out her remedy in accordance with law.
6. This Criminal Original Petition is disposed with the above
direction.
https://www.mhc.tn.gov.in/judis/
05.01.2021
msr
Index: Yes/No
Internet: Yes/No
To
1.The State rep. By
The Assistant Commissioner of Police,
Sembiam Range,
Chennai.
2. The Inspector of Police,
K-9, Thiru-vi-ka Nagar Police Station,
Chennai.
3.The Public Prosecutor,
High Court of Madras,Chennai.
https://www.mhc.tn.gov.in/judis/
N. ANAND VENKATESH, J.
msr
Crl.O.P.No.20801 of 2020
05.01.2021
https://www.mhc.tn.gov.in/judis/
