B.Padmavathi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10458 of 2019 B.Padmavathi ... Petitioner Vs.

State by The Inspector of Police, T-9 Pattabiram Police Station, Pattabiram, Chennai - 600 072.

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to give adequate police protection to the petitioner and her family members on the basis of the complaint made by the petitioner on 05.04.2019. For Petitioner : Mr.Prakasam C.

For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the respondent police to provide adequate police protection to the petitioner and her family members. 2.It is seen that the accused persons have attempted to grab the petitioner's property, hence, the petitioner has lodged complaints as against the accused persons before the respondent Police and the respondent has issued C.S.R.Nos.191 and 224 of 2019. The petitioner has also filed a civil suit as against the accused persons before the learned District Munsif, Poonamallee in O.S.No.91 of 2019 and also interim order is her favour. Even then, the accused persons are preventing her from constructing house in her property and also threatening her. Hence, the petitioner has filed the present petition with the aforesaid prayer.

3.Heard both sides.

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4.Admittedly, a civil suit has been filed in O.S.No.91 of 2019 before the learned District Munsif, Poonamalee and the same is pending. However, an interim order was granted in favour of the petitioner.

5.Considering the above facts and circumstances and also that the civil suit is pending, the prayer sought for by the petitioner cannot be granted . However, the respondent Police is directed to conduct an enquiry on the complaint lodged by the petitioner after giving due opportunity to the counter party. If any cognizable offence is made out as against the accused persons, the respondent is at liberty to take appropriate action. 6.In the result, this Criminal Original Petition is dismissed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rm To:

1.The Inspector of Police, T-9 Pattabiram Police Station, Pattabiram, Chennai - 600 072.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.Prakasam, Advocate sr 38511.

Crl.O.P.No.10458 of 2019 SSI(CO) SP(29/05/2019) https://hcservices.ecourts.gov.in/hcservices/