Madras High CourtCRL OP(MD)/979/2018disposed of

Mathar Fathumal Beevi v. The Inspector Of Police

2019-03-13Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD).No.979 of 2018 Mathur Fathumal Beevi ... Petitioner Vs 1.The District Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Sengottai Police Station, Sengottai, Tirunelveli District.

3.S.Anwar 4.Fathuza 5.Rizavu Mohamed 6.Syed Ali 7.Nagoorammal

...Respondents

(Seventh respondent is impleaded as per the order of this Court dated 13.03.2019 made in Crl.M.P.(MD).No.2425 of 2019 in Crl.M.P.(MD).No.979 of 2018) PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, directing the respondents 1 and 2 to give adequate Police protection to the petitioner and her family members and her property by disposing the complaint dated 08.01.2018.

For Petitioner : Mr.D.Selvanayagam For R-1 & R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R-7 : Mr.Ponkarthikeyan

ORDER

The petitioner seeks a Police protection at the hands of the private respondents for her life, liberty and right to the property.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents 1 and 2 and the learned counsel appearing for the seventh respondent.

3. The learned Government Advocate (crl. side) submitted that the complaint has been enquired and closed as it involves some civil overtone.

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4. The intervenor has filed impleading application to implead himself and the learned counsel appearing for the intervenor submitted that so far as the petitioner's prayer for protecting her proposed construction is concerned, there are strong objections to the same as it involves dispute to the petitioner's title.

5. Suffice to say for the present that if the threat perception to the petitioner's life and liberty continues, she is required to make a fresh representation to the second respondent Police, who shall cause such necessary enquiry and take such appropriate decision to protect the life, liberty to the petitioner. However, if there is any dispute as to title over the property, the same has to be resolved and the petitioner is required to approach such legal course which are available for her.

6. In view of the above, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS) tsg To 1.The District Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Sengottai Police Station, Sengottai, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.D.SELVANAYAGAM, Advocate(SR-53624[F] dated 13/03/2019) +1 CC to M/s.R.PONKARTHIKEYAN,Advocate(SR-54181[F] dated 14/03/2019) +1 CC to M/s.S.PRIYA, Advocate ( SR-54489[F] dated 15/03/2019 ) +1 CC to M/s.P.T.RAMESH RAJA,Advocate(SR-54464[F] dated 15/03/2019) Crl.O.P.(MD).No.979 of 2018 13.03.2019 ES/13.05.2019/2P/8C https://hcservices.ecourts.gov.in/hcservices/