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Madras High CourtCRL OP/18697/2024dismissed

T.Tamilnila v. The Superintendent Of Police

2024-08-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Tamilnila ... Petitioner Vs.

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

2.The Inspector of Police B-1, Police Station, Dharmapuri.

3.Karthick 4.Balakrishnan 5.Sundarammal ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the first respondent to give police protection to the petitioner's life and limb by considering the petitioner's complaint dated 18.05.2024.

For Petitioner : Mr.C.Munusamy For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein who is residing in the house of her father-inlaw is before this Court seeking protection from the police from not to evict her from the said residence.

2.

Relying upon the letter given by the petitioner to the police, the learned counsel appearing for the petitioner states that the police is compelling the petitioner herein to vacate the house. 3.

On perusal of the complaint, this Court finds that the petitioner has some matrimonial dispute with her husband and presently residing in the house of her father-in-law. Whether that house is a matrimonial home or not has been not clearly stated. Further, if at all the petitioner need any protection of residence, there is a Special Act, which provides such remedy and the petitioner has to approach appropriate Court under the Domestic Violence Act, instead by abusing the provision of law, the present petition is filed under Section 482 of Cr.P.C., without resorting to the remedy available under the law. 2/4

4.

Hence this Criminal Original Petition is dismissed. 05.08.2024 Index : Yes/No rpl To 1.The Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Inspector of Police B-1, Police Station, Dharmapuri.

3.The Public Prosecutor, High Court of Madras, Chennai.

3/4

Dr.G.JAYACHANDRAN,J.

rpl 05.08.2024 4/4