Mrs.Valarmathi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2018

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.9060 of 2018 Valarmathi ... Petitioner -Vs1.The Superintendant of Police, Office of the Superintendant of Police, Nagercoil.

2.The Inspector of Police, Kottar Police Station, Nagercoil.

... Respondents Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct the respondents to provide adequate life and limp police protection to the petitioner based on the representation given to the Superintendant of Police, Nagercoil, Kanyakumari District dated 24.04.2018.

For Petitioner : Mr.R.Babu Jagnath For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

This Criminal Original petition has been filed to direct the respondents to provide adequate police protection to the life and limb of petitioner based on the representation given to the Superintendant of Police, Nagercoil, Kanyakumari District on 24.04.2018.

2.According to the petitioner, there is a family dispute between the petitioner and her deceased husband and his family members. Due to the harassment made by the family members of the petitioner's husband, the husband of the petitioner committed suicide. The family members of her deceased husband refused to allow the petitioner and her children to live in her portion. Therefore, the petitioner is living with her two children in her mother's house at Krishnankoil. Now she is under threat from the family members of the petitioner's deceased husband. Therefore, she made a representation to the first respondent to grant police protection. Since no order has been passed, this petition has been filed.

3.Earlier, when the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that by making use of the police protection, the petitioner may claim entry into her matrimonial home and for the above relief, the petitioner undertook https://hcservices.ecourts.gov.in/hcservices/

to file an affidavit restricting the relief sought in this petition for police protection.

4.The petitioner has filed an affidavit, today, by stating that she will seek her remedy before the appropriate forum and now requests this Court to direct the first respondent to consider her representation requesting for police protection from the family members of her deceased husband to her life and also to her children.

5.The learned Additional Public Prosecutor, by way of reply, would submit that the representation of the petitioner, dated 24.04.2018 will be considered by the first respondent by taking note of the factual position of the petitioner's case. 6.In the light of the above submissions made by both sides, the first respondent is directed to consider the petitioner's representation, dated 24.04.2018 and pass orders in accordance with law after providing opportunity to the petitioner within a period of three weeks from the date of receipt of a copy of this order. The copy of the affidavit shall form part of this order. 7.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar Encl:- Xerox Copies of Affidavit To 1.The Superintendent of Police, Office of the Superintendent of Police, Nagercoil.

2.The Inspector of Police, Kottar Police Station, Nagercoil.

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

+1CC to Mr.S.Karthikeyan Advocate in SR.No.67878. TA DS/SKN-RSK/SAR-4 :28.06.2018: 2P/5C Crl.O.P.(MD) No.9060 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 12.06.2018