Maheswari v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.2971 OF 2022 Maheswari ... Petitioner Vs
1. The Superintendent of Police, Dharmapuri, Dharmapuri District.
2. The Inspector of Police, A.Pallipatti Police Station, Dharmapuri District.
3. Palanisamy
4. Chennappan
5. Kuppammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents to give police protection to her family and her property to an extent of 2.33 acres of agricultural land comprised in Survey Nos.211/1A, 211/2D, 211/1E, 211/1H and 212/3 situated at Athigarapatti Pungampallam Village, Pappireddipatti Taluk, Dharmapuri District based on the petitioner's complaint dated 13.12.2021. For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
This petition has been filed seeking direction to the respondents to give police protection to the petitioner's family and their property to an extent of of 2.33 acres of agricultural land comprised in Survey Nos.211/1A, 211/2D, 211/1E, 211/1H and 212/3 situated at Athigarapatti Pungampallam Village, Pappireddipatti Taluk, Dharmapuri District based on the petitioner's complaint dated 13.12.2021.
2.It is the case of the petitioner that she is the owner of 2.33 acres of land in Survey Nos.211/1A, 211/2D, 211/1E, 211/1H and 212/3 situated at Athigarapatti Pungampallam Village, Pappireddipatti Taluk, Dharmapuri District. The land was originally belonged to her father namely Ganesan and her father had executed a Will bequeathing the above properties in her favour. After the demise of the petitioner's father, she acquired the possession of the same and thereafter she executed a gift settlement deed infavour of her elder son Amrish on 10.06.2020. On 12.12.2021, when the petitioner along with her husband and son went to the land for the agricultural work, the respondents 3 to 5 have assaulted them and caused injuries. Therefore, the petitioner lodged a complaint against the respondents 3 to 5 seeking police protection. The 2nd respondent had issued the CSR No.172/2021 and thereafter they have not taken any steps.
3.It is the further case of the petitioner that, the respondents 3 to 5 are very much influential in their locality and since they are closely related to a Deputy Superintendent of Police at Madurai, the 2nd respondent had not taken any action. Hence, the present petition has been filed seeking for a direction to give police protection.
4.Per contra, the learned Additional Public Prosecutor would submit that respondents 3 to 5 are none other than the siblings and the mother of the petitioner. The existing dispute between the parties is with regard to the ancestral property. On 12.12.2021, the petitioner along with her husband and son had assaulted the 5th respondent and caused injury. Based on a complaint given by the 5th respondent a case in FIR. No.308 of 2021, has been registered against the petitioner, her husband and son and the investigation is going on. He would further submit that the petitioner is the aggressor and if any complaint is received, proper action will be taken in accordance with law. 5.Recording the submission made by the learned Additional Public Prosecutor that there is a family dispute between the parties and the case in counter has also registered against the petitioner and the investigation is pending, this Criminal Original Petition stands closed.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar jas/rst
To
1. The Superintendent of Police, Dharmapuri, Dharmapuri District.
2. The Inspector of Police, A.Pallipatti Police Station, Dharmapuri District.
3. The Public Prosecutor, High Court, Madras.
+1cc to M/s.K.Thiruvengadam, Advocate, S.R.No.8824 CRL.O.P.No.2971 of 2022 PMK(CO) RLP(16/03/2022)