Bindhya John v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Bindhya John .... Petitioner in both Crl.O.Ps Vs

1. State Rep by its The Assistant Commissioner of Police, Avadi, Chennai.

2. State Rep by its Inspector of Police, All Women Police Station, Mangadu, Chennai.

3. Pattu

4. John Yesudas .... Respondents in both Crl.O.Ps Prayer in Crl.O.P.No.4770 of 2024: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondents police to provide adequate police protection to the petitioner's life and property on basis of the petitioner's complaint dated 17.02.2024 given before the 2nd respondent.

Prayer in Crl.O.P.No.4701 of 2024: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondent police not to harass the petitioner.

(in both Crl.O.Ps) For Petitioner : Mr.I.Siddiq For R1 & R2 : Mr.R.Vinothraja Government Advocate (Crl.Side) For R3 : Mr.V.Rameshvel For R4 : Mr.E.Prabhu COMMON ORDER Crl.O.P.No.4770 of 2024 has been filed seeking a direction to the respondents police to provide adequate police protection to the petitioner's life and property on basis of the petitioner's complaint dated 17.02.2024 given before the 2nd respondent.

2. Crl. O.P.No.4701 of 2024 has been filed seeking a direction to the respondent police not to harass the petitioner.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Based on the complaint lodged by the petitioner, an FIR has been registered as against her husband, viz., the fourth respondent herein, in Crime No.26 of 2019 for the offences under Sections 417, 406, 323,

294(b), 506(ii) of IPC and it is pending for investigation on the file of the second respondent. Therefore, there is no question of harassing the petitioner by the second respondent. After registration of the FIR, police protection does not arise.

5. In view of the above, the prayer sought for in these petitions cannot be considered and are liable to be dismissed. Accordingly, both the Criminal Original Petitions are dismissed. 05.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Assistant Commissioner of Police, Avadi, Chennai.

2. The Inspector of Police, All Women Police Station, Mangadu, Chennai.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

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