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Madras High CourtCRL OP/3367/2016disposed of

D.Kaniamudhu v. The Commissioner Of Police

2016-02-16Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3367 of 2016 D.Kaniamudhu ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 008.

2. The State rep. By The Inspector of Police, S-13, Chromepet Police Station, Chromepet, Chennai - 600 044.

3. M.Dhakshinamurthy ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent police herein i.e. the Inspector of Police, S.13 Chromepet Police Station, Chromepet, Chennai - 600 044 to provide the police protection for the petitioner and her husband Mr.M.Muralidharan pertaining to the petitioner's complaint dated 11.02.2016 in accordance with law. For Petitioner : Mr.B.Ganesha Moorthy For Respondent : Mr.C.Emalias Additional Public Prosecutor (For R1 and R2)

O R D E R

The petitioner has come forward with this petition seeking for a direction to the second respondent police to provide police protection for herself and her husband M.Muralidharan in accordance with law.

2.The learned counsel for the petitioner submitted that he is not pressing this petition in respect of 3rd respondent is concerned. He has also made an endorsement to that effect. Accordingly, this Criminal Original Petition is dismissed as not pressed in so far as 3rd respondent alone is concerned. 3.Learned counsel for the petitioner further submitted that the petitioner fell in love with one Muralidharan and also got married on 10.02.2016. But, she apprehends life threat from the hands of her father, namely, the third respondent herein. Hence, she has lodged a complaint on 11.02.2016 and hence, she sought for direction to provide police protection for herself and her husband Muralidharan.

4.Resisting the same, the learned Additional Public Prosecutor, on instructions, would submit that initially the petitioner's father, namely, the third respondent herein has given a complaint for girl missing which was taken as C.S.R.No.48 of 2016 and on 10.02.2016 both parties were called and enquired and the petition enquiry was closed since the petitioner got married to the said Muralidharan. He further submitted that even though the petitioner has stated that she has sent the complaint through registered post on 11.02.2016 but the respondent police have not received the said complaint. Hence, he pray for dismissal of the petition. 5.Considered the rival submissions made by both sides and perused the typed set of papers.

6.The petitioner who is a major fell in love with one Muralidharan and got married against the wishes of her parents. The petitioner's father has given a complaint for girl missing which was taken as C.S.R.No.48 of 2016. After due enquiry, it was closed since the petitioner has got married. Now, the petitioner apprehends life threat from her father and hence, she has given a complaint on 11.02.2016 to provide police protection and the said complaint has been sent through registered post. But the learned Additional Public Prosecutor, on instructions from the respondent police, would submit that they have not received the complaint. Hence, the petitioner is directed to give a fresh representation to the second respondent and the second respondent is directed to consider the representation and provide adequate police protection in accordance with law, if required within a period of three days from the date of receipt of a copy of the representation.

7.The Criminal Original Petition is dispose of with the above direction in so far as the respondents 1 and 2 are concerned.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar cse To

1. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 008.

2. The Inspector of Police, S-13, Chromepet Police Station, Chromepet, Chennai - 600 044.

3. The Public Prosecutor High Court, Chennai.

+1cc to Mr.B.Ganesha Moorthy, Advocate, S.R.No.9629 Crl.O.P.No.3367 of 2016 CA(CO) CA(18/02/2016)