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Madras High CourtCRL OP(MD)/9520/2019closed

Ummu Habiba Beevi v. The Superintendent Of Police

2019-07-05Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9520 of 2019 Ummu Habiba Beevi : Petitioner Vs.

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

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

3.P.Katchi Mohamed Maideen : Respondents PRAYER : Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the first and second respondents to give adequate police protection to the life and limb of the petitioner, on the basis of the petitioner's representation to the respondents dated 01.07.2019.

For Petitioner : Mr.S.Vikram For Respondents 1&2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) ******

ORDER

This petition has been filed seeking police protection.

2. The grievance of the petitioner is that in a civil dispute, the third respondent threatened the petitioner and criminally intimidated her. Hence, she filed a complaint before the second respondent, but, the second respondent did not take any action. Hence, the present petition has been filed.

3. Mr.K.Suyambulinga Bharathi, learned Government Advocate (Criminal side), takes notice on behalf of the first and second respondents. Considering the nature of order being passed in this petition and it is no way prejudice to the third respondent, notice to the third respondent is dispensed with.

4. The learned Government Advocate (Criminal side) appearing for the first and second respondents, on instructions, submitted that the third respondent and the petitioner are brother https://hcservices.ecourts.gov.in/hcservices/

and sister. Both of them have given a complaint against each other and now, the second respondent is conducting enquiry, but, the petitioner did not appear for enquiry, in the above circumstances, the second respondent is not in a position to proceed with the enquiry.

5. Considering the fact that already a petition enquiry is pending against the petitioner and the third respondent, without appearing for enquiry, the petitioner cannot seek the relief of police protection. Hence, the Criminal Original Petition is closed with a direction to the petitioner to appear before the second respondent and co-operate with the enquiry.

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

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

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

Order made in CRL.O.P.(MD).No.9520 of 2019 Dated: 05.07.2019 SML ES/16.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/