Madras High CourtCRL OP(MD)/526/2017disposed of

T.Kasturi v. The Superintendent Of Police

2017-02-10Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.526 of 2017 T.Kasturi ... Petitioner -Vs1.The Superintendent of Police, Office of Superintendent of Police, Thanjavur District.

2.The Sub Inspector of Police,(Crime) Thiruneelakudi Police Station, Thanjavur.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to direct the second respondent to give necessary protection to petitioner and her family members for their life and limbs by considering the petitioner's representation dated 25.11.2016, within the period stipulated by this Court.

For Petitioner : Mr.S.Saravanan for Mr.A.Haja Mohideen For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking a direction to the first respondent to direct the second respondent to give necessary protection to petitioner and her family members for their life and limbs by considering the petitioner's representation dated 25.11.2016, within the period stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.

3.The learned counsel for the petitioner submitted that with a view to retain ownership right in the property, the petitioner's husband has filed O.S.No.259 of 2016 on the file of the Principal Sub-Judge, at Kumbakonam for declaration of title and the said suit is pending for trial and in that suit, no interim order was passed.

4. Admittedly, civil suit is pending and in such circumstances, the petitioner has filed the present petition seeking police protection. Since the civil suit is pending before the competent court, this petition is not at all maintainable. https://hcservices.ecourts.gov.in/hcservices/

Hence, this petition is dismissed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police,Office of Superintendent of Police, Thanjavur District.

2.The Sub Inspector of Police(Crime), Thiruneelakudi Police Station, Thanjavur.

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

+1cc to M/s. A.HAJA MOHIDEEN Advocate in SR. No.7596 CM JS/MMS/SV/2P-5C/8.03.2017/ Crl.O.P.(MD) No. 526 of 2017 13.02.2017 https://hcservices.ecourts.gov.in/hcservices/