M.Jothimani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.15145 of 2022 M.Jothimani ... Petitioner Vs.

State rep. by

1. The Superintendent of Police Office of the Commissioner of Police Villupuram District Villupuram

2. The Sub Inspector of Police Roshani Police Station Roshanai ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent to give protection to the petitioner on the basis of the representation give by the petitioner dated 09.04.2022.

For Petitioner :

Mr.B.Govindaprabu For Respondents:

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the 2nd respondent to give protection to the petitioner on the basis of his representation dated 09.04.2022.

2. The main ground taken by the petitioner is that her husband has already obtained an ex-parte decree for permanent injunction.

3. On going through the petition, it appears that the defendants are in possession of the property. Further, having

been obtaining a permanent injunction, the petitioner has also filed a suit for recovery of possession and the same has been rightly returned by the Court for maintainability.

4. In such view of the matter, there cannot be any order of granting police protection. It is for the petitioner to work out her remedy before the Civil Court.

5. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ksa-2 To

1. The Superintendent of Police Office of the Commissioner of Police Villupuram District Villupuram

2. The Sub Inspector of Police Roshani Police Station Roshanai

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.B.Govindaprabu, Advocate, S.R.No.42225 Crl.O.P.No.15145 of 2022 NRL(CO) UMA(19/07/2022)