R.Prema v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)No.21511 of 2015 R.Prema : Petitioner Vs.

1.The State Represented by The Superintendent of Police, Madurai District, Madurai.

2 The Deputy Superintendent of Police, Usilampatti Sub Division Madurai District.

3.The Inspector of Police, Usilampatti Taluk Police Station Madurai District.

4.A.Vijayalakshmi : Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent Nos.1 and 2 to inquire into the petitioner's complaint and take appropriate steps towards according police protection and to enable her to have a free and peaceful stay upon her house property situated at No.137/1, Kuppanampatti, Ariyapatti Post, Usilampatti Taluk, Madurai District pursuant to her representation dated 04.11.2015.

For Petitioner : Mr.R.Anand For Respondents : Mr.A.P.Balasubramani Government Advocate(Crl. Side) *********

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondents 1 and 2, to enquire into the petitioner's complaint and take appropriate steps towards providing police protection to enable her to have a free and peaceful stay upon her house property situated at No.137/1, Kuppanampatti, Ariyapatti Post, Usilampatti Taluk, Madurai District pursuant to her representation, dated 04.11.2015.

2. Mr.R.Anand, learned counsel appearing for the petitioner would submit that based on a complaint given by one Vijaya Lakshmi, the 4th respondent herein, against the son of the petitioner, stating that the petitioner's son has promised to marry her, but latter refused to marry her, the respondent police has already registered a case in Crime No.64 of 2015, for the offences under Sections 417 and 420 of IPC., on 15.11.2015 and the investigation is going on. When that being the case, the said Vijaya Lakshmi along with her relatives have barged into the house of the petitioner after breaking the lock and started remaining there and it would amount to trespass. Concluding his argument the https://hcservices.ecourts.gov.in/hcservices/

learned counsel for the petitioner submitted that, if the 4th respondent is having any grievance, she has to work out her remedy in the manner known to law. Therefore, the learned counsel prayed for the relief as stated supra.

3. Mr.A.P.Balasubramani, learned Government Advocate (crl.side) appearing for the respondents, on instructions, submitted that the respondents police will give police protection to the petitioner to evict the 4th respondent from the house of the petitioner.

4. The Sub-Inspector of Police, Usilampatti Taluk, Madurai, who appeared in person before this Court also submitted that higher officials would take immediate steps to evict the said Vijaya Lakshmi from the house of the petitioner.

5. I have heard the learned counsel appearing on either side as well as the Sub-Inspector of Police, Usilampatti Taluk, Madurai,

6. Recording the submissions of the learned Government Advocate (crl.side) and also the Sub-Inspector, Usilampatti Taluk, Madurai, the Criminal Original Petition is disposed of with a direction to the respondents to evict the 4th respondent from the house of the petitioner within a period of 72 working hours from the date of receipt of a copy of this order. If the 4th respondent is having any grievance, she has to work out her remedy in the manner known to law, after vacating the premises.

Sd/- Assistant Registrar (W) /True copy/ Sub Assistant Registrar To

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

2 The Deputy Superintendent of Police, Usilampatti Sub Division Madurai District.

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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

Copy to:

The Sub-Inspector of Police, Usilampatti Taluk, Madurai.

+1 CC to Mr.R.Anand, Advocate, SR No.66098 Order made in CRL.OP.(MD)No.21511 of 2015 SH/SKS-RR:01.12.2015:2P/7C Dated:16.11.2015 https://hcservices.ecourts.gov.in/hcservices/