Ambika v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7167 of 2019 1.Ambika 2.Venu 3.Venkateshkumar

...Petitioners

Vs.

1.The District Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2.The Inspector of Police, Polur Police Station, Polur, Thiruvannamalai District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to provide police protection to the petitioners as per the petitioner complaints dated 23.04.2018 and 23.05.2018.

For Petitioners :

Mr.B.Jawahar For Respondents :

Mr.C.Raghavan, Government Advocate [Crl. Side]

ORDER

This petition has been filed seeking direction to direct the respondents to provide police protection to the petitioners, as per the petitioner complaints dated 23.04.2018 and 23.05.2018.

2.The learned counsel for the petitioner submitted that the 3rd petitioner got married with one Saritha on 04.12.2016 and the 1st and 2nd petitioners are in-laws of the Saritha. After three months of their marriage, the 3rd petitioner and his wife were living separately, due to some problem. He further submitted that the 3rd petitioner filed a petition before the Subordinate Court, Arani in H.M.O.P.No.2 of 2018 for seeking divorce and the same is pending. After filing the divorce petition on 09.02.2018, the 3rd petitioner's wife and her parents along with some others trespassed into the 3rd petitioner's home and attacked the petitioners and forcibly evicted them. In respect of the same, the

petitioners gave a complaint before the respondent Police and FIR was registered in Crime No.187 of 2018, dated 02.03.2018 for the offence under Sections 147, 148, 294 (b), 323, 324, 56(2) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 3.The learned counsel further submitted that the 3rd petitioner given a complaint dated 23.04.2018 to take action against the accused persons and also given a representation before the respondent Police. Thereafter, on 23.05.2018, again the petitioner given a complaint to give Police protection, but still no action has been taken and on 17.07.2018, a C.S.R.No.124 of 2018 was registered for the purpose to give police protection and after the registering the C.S.R no action has been taken so far against the accused persons.

4.The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the 3rd petitioner, petition enquiry is pending in C.S.R.No.124 of 2018 on the file of the respondent police.

5.Heard the learned Counsel for the petitioners and learned Government Advocate appearing for the respondent police.

6.It is seen that the dispute between the 3rd petitioner and his wife. In respect of the same, the 3rd petitioner lodged a complaint and the respondent Police issued C.S.R.No.124 of 2018, dated 17.07.2018, thereafter no enquiry has been conducted.

7.Considering the facts and circumstances, the 2nd respondent is directed to conduct the enquiry after giving opportunities to the parties concerned and pass orders on merits in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

8.With the above said direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

To 1.The District Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2.The Inspector of Police, Polur Police Station, Polur, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Jawahar , Advocate SR.No. 26466 Crl.O.P.No.7167 of 2019 RR (CO) A.SK(22/04/2019)