Madras High CourtCRL OP(MD)/3474/2018disposed of

S. Sivaraman v. The Superintendent Of Police

2018-03-12Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.3474 of 2018 S.Sivaraman ... Petitioner -Vs1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Theni Police Station, Theni District.

3. Kalaivani Palanimurugan Hallow Block Works, Devaram Main Road, Kombai, Theni District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to provide adequate police protection to the petitioner from the 3rd respondent and her henchmen based on his representation dated 18.02.2018. For Petitioners : Mr.R.Venkateswaran For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the second respondent to provide police protection to the petitioner, based on the representation submitted by the petitioner, dated 18.02.2018. 2.Heard both sides.

3.The learned counsel for the petitioner has submitted that the petitioner herein has filed a Guardian O.P.No.28/16 against the third respondent herein on the file of the District Court, Theni, in which the third respondent has filed an application in I.A.No.54/16, seeking interim custody, wherein visitation right was given. Challenging the said order, the third respondent has filed C.R.P.(MD).No.270/17 and the same was allowed. As against the said order, the petitioner herein filed an appeal with Special Leave Petition No.4607 of 2018 before the Honourable Supreme Court, in https://hcservices.ecourts.gov.in/hcservices/

which, stay was granted till 05.03.2018. He further submitted that now, without respecting the Supreme Court's order, the third respondent is giving troubles to the petitioner and hence, the petitioner has submitted a representation before the second respondent on 18.02.2018, but, sofar, no order has been passed. 4.The learned Government Advocate (Crl.Side) has submitted that since the appeal is pending before the Honourable Supreme Court, the second respondent has not passed any order on the representation, submitted by the petitioner.

5.Considering the aforesaid submissions, the second respondent is directed to consider the petitioner's representation and also hear the third respondent and pass appropriate orders in accordance with law.

6.With the aforesaid observation, this petition is disposed of.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Theni Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.R.Venkateswaran, Advocate SR.No. 54836 CRL.O.P.(MD)No.3474 of 2018 12.03.2018 vs JM/KK/SAR 1/10.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/