Madras High CourtCRL OP(MD)/2176/2023disposed of

Thavaselvi v. The Superintendent Of Police

2023-02-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2023

CORAM

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

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

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

3.Gopal 4.Muralikrishnan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to provide police protection to life and limb of the petitioner and her husband from the respondents 3 and 4 and their henchmen.

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For Petitioner : Mr.G.Hariharan 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 second respondent to provide police protection to the life and limb of the petitioner and her husband from the respondents 3 and 4 and their henchmen.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the private respondents are disputing the sale deed stands in the name of the petitioner and the complaint in this regard is pending before the District Registrar.

3. The learned counsel appearing for the petitioner would submit that as per the direction of the District Registrar, the petitioner has already filed a civil suit in O.S.No.194 of 2022 to declare her ownership and for permanent injunction and the same is pending. 2/4

4. As of now, admittedly, there is no enforceable decree or order from the competent civil Court and as such, the granting of police protection does not arise at all. Since the petitioner has been alleging some threatening from the private respondents, the second respondent is directed to consider the complaint of the petitioner and take suitable action in accordance with law.

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

03.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

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

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 03.02.2023 4/4