Madras High CourtCRL OP(MD)/1409/2023disposed of

P.Malarvizhi v. The Superintendent Of Police

2023-01-25Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Malarvizhi ... Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Sivagangai District, Sivagangai.

2.The Sub Inspector of Police, S.S.Kottai Police Station, S.S.Kottai, Sivagangai District.

3.K.Narmatha Natchiyar 4.Rajamarthandan 5.Rajamannar 6.Thirumaran 7.Ilamaran 8.Manimaran 9.Mothilal Maran 1/6

10.Arumugam 11.Sankar Ganesh Natchiappan 12.Sornamuthumani @ Jothi 13.Mayilvaganan 14.Pushpaleela Krishnan 15.Nethaji Natchiappan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to direct the second respondent to give necessary police protection to the petitioner for her life and limbs in view of the decree of permanent injunction in O.S.No.187 of 2015 on the file of the learned Subordinate Judge of Sivagangai dated 10.11.2022 by considering the petitioner's representation dated 03.01.2023 within the period stipulated by this Court.

For Petitioner : Mr.A.Hajamohideen For R1 & R2 : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent to direct the 2/6

second respondent to give necessary police protection to the petitioner for her life and limbs in view of the decree of permanent injunction in O.S.No.187 of 2015 on the file of the learned Subordinate Judge of Sivagangai dated 10.11.2022 by considering the petitioner's representation dated 03.01.2023 within the period stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. The learned counsel appearing for the petitioner would submit that the petitioner has already filed a civil suit in O.S.No.187 of 2015 against the private respondents and obtained the ex-parte decree on 10.11.2022 on the file of the Subordinate Judge, Sivagangai and that the private respondents had been threatening the petitioner to grab the property.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner's 3/6

representation is pending before the second respondent.

5. Recording the submissions made on either sides, the second respondent is directed to consider the representation of the petitioner dated 03.01.2023, taking note of the decree obtained by the petitioner from the competent civil Court and decide the same within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition stands disposed of.

25.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 4/6

To 1.The Superintendent of Police, Office of Superintendent of Police, Sivagangai District, Sivagangai.

2.The Sub Inspector of Police, S.S.Kottai Police Station, S.S.Kottai, Sivagangai District.

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

5/6

K.MURALI SHANKAR,J.

csm Order made in Dated: 25.01.2023 6/6