K.Akilan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6002 of 2020 K.Akilan ... Petitioner Vs.

1. The Commissioner of Police, Chennai Metro City, Vepery, Chennai - 600 007.

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

3. K.Abinaya ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first and second respondents to provide the police protection to the petitioner against the third respondent for his child visitation on Court order by the petitioner based on the petitioner's representation dated 09.03.2020.

For Petitioner : M/s.T.V.G.Kartheeban For Respondents : Mr.M.Mohamed Riyaz (for R1 & R2) Additional Public Prosecutor.

Mr.V.Vija Shankar (For R3)

O R D E R

This petition has been filed seeking a direction to direct the first and second respondents to provide the police protection to the petitioner against the third respondent for his child visitation on Court order by the petitioner based on the petitioner's representation dated 09.03.2020.

2. Heard M/s. T.V.G.Kartheeban, learned counsel appearing for the petitioner, Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the first and second respondents and Mr.V.Vijay Shankar, learned counsel appearing for the third respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. Admittedly, there is a dispute between the petitioner and the third respondent in respect of their family. The third respondent filed a divorce petition in H.M.O.P.No.657 of 2017 and it is pending before the learned Family Court, Chengalpet. There was a visitation right ordered for the petitioner to see the child on 29.12.2019. Now the date of visitation right is over. Further the proceedings in divorce petition is pending till today. Therefore, police protection cannot be granted to the petitioner to see his child. However the petitioner is at liberty to approach the family Court for appropriate relief.

4. With the above directions, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ebsi To

1. The Commissioner of Police, Chennai Metro City, Vepery, Chennai - 600 007.

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

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.V.G.Kartheeban, Advocate SR.23333 +1cc to Mr.V.Vijay Shankar, Advocate SR.23802 Crl.O.P.No.6002 of 2020 PVS(CO) CB(09/07/2020) https://hcservices.ecourts.gov.in/hcservices/