Madras High CourtCRL OP(MD)/22919/2015dismissed

N. Indirani v. The Superintendent Of Police

2015-12-03Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)No.22919 of 2015 N.Indirani W/o.Nallakutti Elupagudi Padamathur Post Sivagangai District :Petitioner Vs.

1.The Superintendent of Police Sivagangai, Sivagangai District 2.The Deputy Superintendent of Police, Manamadurai Region, Sivagangai District.

3.The Inspector of Police, Poovanthi Police Station, Sivagangai District 4.Malayammal W/o.Ambalam Elupagudi Padamathur Post Sivagangai District :Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 3rd respondent to provide adequate police protection to the life and limb of the petitioner on the basis of the representation given by the petitioner dated 30.11.2015.

For Petitioner :Mr.P.Kalyana Ramachandran For Respondents :Mrs.S.Prabha Government Advocate(Crl. Side)

O R D E R

The petitioner has come forward with this petition praying to direct the 3rd respondent to provide adequate police protection to the life and limb of the petitioner on the basis of the representation given by the petitioner dated 30.11.2015.

2. The case of the petitioner is that there is a dispute between the petitioner and her husband and that her husband is trying to sell the trees standing in the family property along with the 4th respondent. The petitioner on behalf of her minor son has filed a suit against her husband in O.S.No.73 of 2005, which was originally decreed in favour of the petitioner by means of exparte decree and thereafter, it was set aside. That has also been confirmed in A.S.No.139 of 2007 and that the petitioner has preferred a second appeal in S.A.No.592 of 2010 and the same is pending before this Court. Whether the family members born after https://hcservices.ecourts.gov.in/hcservices/

1956 are eligible to seek partition in ancestral property and whether the property vested with the husband of the petitioner becomes self acquired property or not are all matters, which is to be considered in the second appeal. Now, the petitioner cannot by means of this petition seek for police protection and thereby try to enter the property of her husband. In view of the above, I find no reason to grant the relief as sought for by the petitioner. Accordingly, the criminal original petition is dismissed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Superintendent of Police Sivagangai, Sivagangai District 2.The Deputy Superintendent of Police, Manamadurai Region, Sivagangai District.

3.The Inspector of Police, Poovanthi Police Station, Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.OP.(MD)No.22919 of 2015 Dated:-03.12.2015 rr.

PBK/SK-SKN 31/12/2015 ::2P-5C::

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