J.Mahalakshmi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Mahalakshmi W/o.Janarthanan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Erode District.

2.The Inspector of Police, Gobichettipalayam Police Station, Gobichettipalayam, Erode District.

3.Saravanan ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to provide police protection to the petitioner and her family members on the petitioner's representation dated 14.11.2023. For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] ***** 1/4

ORDER

This petition has been filed seeking a direction to the respondent police to provide police protection to the petitioner and her family members on the petitioner's representation dated 14.11.2023.

2. Heard Mr.Ali Hassan Khan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents 1 and 2.

3. Learned Additional Public Prosecutor submitted that the earlier complaint that was given by the petitioner was taken on file by the Gobichettipalayam Police Station in CSR No.339 of 2023. This CSR was closed on the ground of lack of jurisdiction. Thereafter, yet another complaint was given before the Kadathur Police Station and the same was taken on file in CSR No.287 of 2023. This CSR was enquired and closed on 09.07.2023.

4. Learned counsel for petitioner submitted that the petitioner is under threat by the accused person and she has not even been permitted to enjoy her own property.

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5. In the considered view of this Court, the police have already closed the complaint. The petitioner has to work out her remedy before the competent civil Court and seek for appropriate interim orders to protect her right over the property. Thereafter, if any threat is caused to the petitioner, the petitioner can always approach the jurisdictional police and give a complaint based on the order passed by the civil Court. Except giving this clarity, no further orders can be passed in this petition. Accordingly, this Criminal Original Petition is disposed of. 18.01.2024 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No gm To 1.The Judicial Magistrate II, Thiruvannamalai.

2.The Sub-Inspector of Police, Vettavalam Police Station, Tiruvannamalai District.

Crime No.276 of 2022 3.The Public Prosecutor, Madras High Court, Chennai.

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N.ANAND VENKATESH, J.

gm 18.01.2024 4/4