Gayathri v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN W.P.No.3607 of 2020 and W.M.P.No.4238 of 2020 Gayathri ... Petitioner Vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Salem District, Salem.

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Omalur, Salem District.

3. The Inspector of Police, All Women Police Station, Omalur, Salem District.

4. The Inspector of Police, All Women Police Station, Mettur, Salem District.

5.Anbalagan ... Respondents Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent police 1 to 4 to extend requisite protection for the petitioner and her son Pranav as well her parents namely (1) Latha, the petitioner's mother and

(2) the petitioner's father Irusappan and (3) the petitioner's brother Mohanraj, now residing at Thattankadu village, neared to Chekkanur Dam, Chekkanur, Navapatti Village, Mettu Taluk, Salem District and thus ensure the safety to the lives and property of the petitioner, her son and family members.

For Petitioner : Mr.D.Ashok Kumar For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for police protection to the petitioner and his tea shop.

2. The learned counsel for the petitioner would submit that the petitioner has already filed a complaint against the fifth respondent under the provisions of Domestic Violence Act in DVOP No.4 of 2019 before the learned Judicial Magistrate, Mettur. Similarly, the dissolution proceedings also filed by the fifth respondent is also pending on the file of the Sub Judge, Mettur in HMOP No.40 of 2019. He would further submit that the fifth respondent causing threat to the petitioner and therefore, the petitioner gave a complaint to the respondents police seeking for police protection. Since the same was not considered, this petition has been filed seeking for appropriate direction.

3. The learned Additional Public Prosecutor would submit that a fresh complaint has been lodged before the third respondent and it is pending on the file of the third respondent.

4. Heard Mr.D.Ashok Kumar learned Counsel for the petitioner and Mr.M.Mohamed Riyaz learned Additional Public Prosecutor for the respondents 1 to 4.

5. Considering the facts and circumstances of the case, the third respondent is directed to conduct an enquiry and issue notice to the fifth respondent and pass orders on merits in accordance with law after giving opportunity of hearing on both parties and complete the investigation within a period of eight weeks from the date of receipt of copy of the order.

6. In view of the above, this Writ Petition is disposed of. Consequently connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rri To

1. The Superintendent of Police, O/o. The Superintendent of Police, Salem District, Salem.

2. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Omalur, Salem District.

3. The Inspector Of Police, All Women Police Station, Omalur, Salem District.

4.The Inspector of Police, All Women Police Station, Mettur, Salem District.

5.The Public Prosecutor, High Court, Madras. +1cc to Mr.D.Ashok Kumar, Advocate, S.R.No.18665 W.P.No.3607 of 2020 and W.M.P.No.4238 of 2020 MR(CO) KKV/11/06/2020