Madras High CourtCRL OP(MD)/5946/2022disposed of

K.Sathish v. The Superintendent Of Police

2024-02-05Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.5946 of 2022 K.Sathish ... Petitioner Vs.

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

2.The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

3.R.Seetha

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to provide adequate police protection to the petitioner's life and limb at the time of attending hearing in H.M.O.P.No.60 of 2020 on the file of the Principal Sub-Court, Pudukottai, by considering his representation dated 10.12.2021. For petitioner : Mr.B.Ramnath For Respondents : Mr.S.Manikandan Government Advocate (Crl.side) for R1 and R2 Mr.K.C.Maniyarasu for R3 1/5

O RDER This Criminal Original Petition has been filed to direct the second respondent to provide police protection to the petitioner at the time of attending hearing in H.M.O.P.No.60 of 2020 on the file of the Principal Sub-Court, Pudukottai.

2. The case of the petitioner is that the petitioner is the husband of the third respondent and due to matrimonial dispute, he has filed a petition for divorce before the Sub Court Trichy and it was transferred to the Sub-Court, Lalgudi, on account of formation of the Courts at Lalgudi. Thereafter, the third respondent has filed a petition before this Court seeking transfer of the divorce petition from the Sub-Court, Lalgudi to the Sub-Court, Pudukottai and it was allowed by this Court. Now, the divorce petition is pending before the Principal Sub-Court, Pudukottai, in H.M.O.P.No.60 of 2020 and when the petitioner went to Pudukottai to attend the case, the third respondent's brother threatened the petitioner to settle the issue by paying money. Hence, the petitioner has made a complaint before the first respondent on 07.02.2022, however, no action was taken. Hence, this Criminal Original Petition has been filed. 2/5

3. The learned counsel appearing for the petitioner submits that it would suffice, if this Court directs the respondents Police to ensure the protection of the petitioner, when he appears before the trial Court.

4. The learned Government Advocate (Crl.side) appearing for the respondents Police would submit that the second respondent Police will ensure the protection of the petitioner, whenever he appears before the trial Court.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the second respondent Police to ensure the protection of the petitioner, whenever he appears before the Principal Sub-Court, Pudukottai to attend the case.

6. Accordingly, this Criminal Original Petition is disposed of. 05.02.2024 Index : Yes/No Internet : Yes/No ssb 3/5

To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

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

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M.DHANDAPANI. J.

ssb 05.02.2024 5/5