PRASANNAKUMARI Vs. KAUSALYA

JUDGEMENT

(1.) The point that arises for decision in this case is whether the petitioner is entitled to get police protection from this Court for enforcing the interim order of a civil court. This is one of those several cases filed before this Court, complaining that the police did not take any remedial action, though violation of the injunction order passed by the civil court was brought to their notice.

(2.) The petitioner has approached this Court, seeking the following reliefs:

(3.) If Exhibit P2 injunction order is violated, the remedy of the petitioner is to move the court which passed that order. The learned counsel appearing for the petitioner has failed to point out under what provision, Exhibit P4 petition has been filed before the Revenue Divisional Officer, complaining about the violation of the injunction order by respondents 1 to 3. We are of the view that the Revenue Divisional Officer has got no jurisdiction to consider the said petition. We are also of the view that the police have no business to meddle in the dispute concerning violation of the injunction order passed by a civil court. There is no statutory provision either in the Police Act or the Criminal Procedure Code, authorising the police to receive a petition alleging violation of the order of a civil court, consider it and take remedial action, if violation of the order is found. If there is no duty cast on the police in this regard, this Court cannot issue any writ of mandamus to the police as prayed for by the petitioner. The police can interfere in these matters, if only they are directed by the civil court.