Narmatha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Narmatha ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

3.Arunpandi 4.Pandiyaraj 5.Ponmalar 6.Sarmila ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 herein to provide adequate police protection to the petitioner's life and limb of the 1/5

petitioner and family members on the basis of his representation, dated 25.01.2023 given by the petitioner.

For Petitioner : Mr.J.Vishnu For R1 and R2 : Mr.R.Sivakumar, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the respondents 1 and 2 herein to provide adequate police protection to the petitioner's life and limb of the petitioner and family members on the basis of his representation, dated 25.01.2023 given by the petitioner.

2. It is seen from the records that there was a matrimonial issue between the petitioner and the third respondent.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint, enquiry was under taken, during the course of enquiry, the petitioner herself 2/5

appeared before the respondent Police and gave a statement that she will workout her remedy before the civil Court. She has also given a statement that she is not willing to live with her husband. He would further submit that the petitioner's husband/third respondent herein has also handed over the articles, jewels to her and on that basis of the above said undertaking and the settlement between the parties, the complaint was ordered to be closed.

4. The learned Government Advocate (Criminal Side) appearing for the State would further submit that there is no continuous harassment and hence, there is no necessity for granting of police protection to the petitioner.

5. In view of the above said development that since it was a matrimonial issue and that the statement given by the petitioner that she is not willing to live with her husband. The life threat according to the petitioner as alleged by her is not at all true. Hence, the Criminal Original Petition is liable to be dismissed.

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6. Accordingly, the Criminal Original Petition stands dismissed. 21.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

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G.ILANGOVAN ,J.

das Order made in Dated: 21.02.2023 5/5