R.Nageshwari v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.22126 of 2019 R.Nageshwari ` ... Petitioner -vs1.The Deputy Commissioner of Police, Anna Nagar Range, 2.The Inspector of Police, All Women Police Station, 3.C.M.Vignesh ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to not to harass the petitioner except due process of law. For Petitioner : Mr.K.Thenrajan For R1 and R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for police protection. 2.It is seen from records that the petitioner had affair with one Dinesh for a considerable period of time. However, it is alleged that the petitioner was forced by her parents and she was made to marry the third respondent. The petitioner, immediately after the marriage, informed the third respondent about the affair she had with the said Dinesh and told him that she will not be able to live with the third respondent. 3.The matter went before the police station and the petitioner also expressed her mind and she went along with the above said Dinesh after taking away the thaali and handing it over to the third respondent.

4.The petitioner is now living with the above said Dinesh and she has already initiated proceedings in H.M.O.P.No.838 of 2019 before the Family Court, Madurai, seeking for declaring the marriage as null and void. While so, it is alleged that the third respondent is now causing threat to the petitioner and the said Dinesh and continuously harassing them. Therefore, the petitioner gave a representation to the respondent police on 14.08.2019, sought for police protection. Since, it was not acted upon, the present petition has been filed before this Court.

5.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

6.Taking into consideration the facts and circumstances of this case, there shall be a direction to the second respondent to call the parties for enquiry and direct the third respondent not to cause any threat against the petitioner. If the third respondent is aggrieved by the act of the petitioner, he should seek his remedy before an appropriate Court and he cannot harass or threaten the petitioner. If inspite of the directions given by the police, the third respondent involves in any harassment or threat to the petitioner, the second respondent shall take appropriate action in accordance with law.

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

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar pnn To 1.The Deputy Commissioner of Police, Anna Nagar Range,

2.The Inspector of Police, All Women Police Station, +1cc to Mr.K.Thenrajan, Advocate sr.70331 CRL.O.P.No.22126 of 2019 gp(co) nr 19/08/2019