Madras High CourtCRL OP/22433/2018disposed of

K.M.Manimegalai, Aged 60 Years v. The Superintendent Of Police,

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22433 of 2018 1.K.M.Manimegalai 2.S.Sridharan ... Petitioners Vs.

1.The Superintendent of Police Dharmapuri District.

2.The Deputy Superintendent of Police, Harur, Dharmapuri District.

3.The Inspector of Police Morappur Police Station, Dharmapuri District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to grant an adequate police protection to the petitioners and to their colleges namely 1.Viswa Bharathi Arts and Science College, 2.Viswa Bharathi College of Education (B.Ed College), situated at Morappur, Harur, Dharmapuri District by initiating appropriate actions against the accused persons based on the complaint assigned in C.S.R.No.213 of 2018 dated 23.07.2018 on the file of the Inspector of Police, Morappur Police Station, Dharmapuri District. For Petitioner :Mr.N.Vijaya Baskar for M/s.Law Vision For Respondents :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to provide police protection to the petitioners and also to their colleges namely 1.Viswa Bharathi Arts and Science College, 2.Viswa Bharathi College of Education (B.Ed College), situated at Morappur, Harur, Dharmapuri District.

2. The learned counsel for the petitioners has submitted that the first petitioner is the mother of the second petitioner and they are running some educational institutions. He further submitted that the proposed accused person is the elder son of the first petitioner and he has https://hcservices.ecourts.gov.in/hcservices/

attacked the petitioners along with some other rowdy elements, and hence, the petitioners have lodged a complaint before the third respondent on 23.07.2018, but, so far, no action has been taken and hence, the respondent may be directed to provide police protection to the petitioners and also to their colleges.

3. The learned Additional Public Prosecutor has submitted that the dispute is between the mother and son, and hence, the representations submitted by the petitioners is kept pending.

4.Considering the aforesaid submissions, this Court is of the view that the police protection cannot be ordered permanently. However, the third respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, he has to direct the petitioners to approach the appropriate forum and get appropriate relief in accordance with law.

5. With the above said directions, this Criminal Original Petition is disposed of.

Sd/-- Assistant Registrar(co) //True Copy// Sub Assistant Registrar smv/vsa To 1.The Superintendent of Police, Dharmapuri District.

2.The Deputy Superintendent of Police, Harur, Dharmapuri District.

3.The Inspector of Police, Morappur Police Station, Dharmapuri District.

4.The Public Prosecutor, Madras High Court, Chennai.

+1cc to M/s.Law Vision, Advocate SR.NO.65114 BR(CO) sm:29.10.2018 Crl.O.P.No.22433 of 2018 https://hcservices.ecourts.gov.in/hcservices/