Madras High CourtCRL OP(MD)/14342/2016disposed of

Amirtha Bai v. The Superintendent Of Police

2016-08-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.14342 of 2016 Amirtha Bai .. Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to provide adequate police protection to the petitioner's life, limb and her property on the basis of the petitioner's representation dated 29.06.2016, within the time stipulated by this Hon'ble Court. For Petitioner : Mr.M.R.Sreenivasan For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

The petitioner has sought for police protection in respect of her life, limb and property on the basis of her representation dated 29.06.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. By consent, the Criminal Original Petition itself is taken up for final disposal.

3.The learned counsel for the petitioner would submit that the petitioner herein is a helpless person and she is facing problem from the opponent and she is not able to enjoy her property. The decree passed by the Principal District Munsif, Kuzhithurai in O.S.No.123 of 2013 has been produced to show that she is entitled to order of protection in view of the civil court decree. The suit for injunction has been filed restraining the defendants therein from trespassing into her property and from causing any kind of disturbance. The learned counsel for the petitioner would further submit that despite the order of https://hcservices.ecourts.gov.in/hcservices/

injunction having been granted in favour of the petitioner, the defendants therein in the suit are continuously creating problem. Hence, the petitioner has come up with this petition. 4.The learned Government Advocate appearing for the respondents, on instructions, would submit that the second respondent would consider the representation of the petitioner dated 29.06.2016 and pass appropriate orders on merits. 5.In view of the above submission made by the learned counsel for the parties and in view of the order of injunction having been obtained by the petitioner, she is entitled to protection, this Criminal Original Petition is disposed of with a direction to the second respondent to consider the representation of the petitioner, dated 29.06.2016 and pass appropriate orders on the same on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

+1cc to M/S.M.R.SREENIVASAN, Advocate in SR.No.44265 Crl.O.P(MD)No.14342 of 2016 11.08.2016 srm PA/SK-SKN/SAR I/08.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/