← Library
Madras High CourtCRL OP/3805/2023disposed of

S.Sangeetha v. The State Rep By Its,

2023-02-21Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN S.Sangeetha ... Petitioner Vs.

State by 1.The Superintendent of Police, District Police Superintendent Office, Cuddalore, Cuddalore District.

2.The Inspector of Police, Veppur Police Station, Cuddalore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to provide police protection to the petitioner and her family at East Street, Periyanesalur Village and Post, Veypur Taluk, Cuddalore District, based on the complaint dated 28.01.2023. For Petitioner : M/s.R.K.Gandhi For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side) Page No. 1 of 4

ORDER

This criminal original petition has been filed to direct the respondents to provide police protection to the petitioner and her family at East Street, Periyanesalur Village and Post, Veypur Taluk, Cuddalore District, based on the complaint dated 28.01.2023. 2.The learned counsel for the petitioner submitted that the petitioner's husband one Rajkumar borrowed a sum of Rs.5,00,000/- (Rupees Five Lakhs only) from one Jayanthi. The petitioner's husband died by committing suicide because of the fact that the said Jayanthi threatened her husband to repay the amount. Now, the said Jayanthi is again threatening the petitioner and her family members to repay the loan amount. She has gave a complaint in this regard. Since, no action was taken for giving police protection, the petitioner has filed the present petition before this Court. 3.The learned Government Advocate (Crl.Side) appearing for the respondents submitted that, on the basis of the compliant given by the petitioner against one Jayanthi and Manikandan, petition enquiry in C.S.R.No.143 of 2023 is pending.

Page No. 2 of 4

4.It is seen from the FIR filed in Crime No.653 of 2022, a case under Section 174 of Cr.P.C. was registered on the basis of the complaint given by the petitioner for the death of her husband. It is the admitted case of the petitioner that her husband borrowed a sum of Rs.5,00,000/- from Jayanthi. For his inability to repay the amount, Jayanthi scolded her husband in a filthy language leading to his suicide by consuming poison. It is now the case of the petitioner that the accused Jayanthi and others are making similar threat to the petitioner and her family members.

5.In the light of the submissions made by the learned counsel for the petitioner and also registration of earlier FIR in Crime No.653 of 2022 under Section 174 Cr.P.C. for the death of petitioner's husband, this Courts cautions the accused in the petitioner's complaint should not resort to any illegal method to recover the loan amount and it is the duty and responsibility of the respondents to give necessary police protection to the petitioner and her family members, if the accused in the petitioner's complaint try to resort any illegal method to recover the loan amount.

Page No. 3 of 4

G.CHANDRASEKHARAN, J.

sp 6.Accordingly, this criminal original petition is disposed of. 21.02.2023 Index :Yes/No Speaking order / Non-speaking order sp To 1.The Superintendent of Police, District Police Superintendent Office, Cuddalore, Cuddalore District.

2.The Inspector of Police, Veppur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras.

Page No. 4 of 4