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Madras High CourtCRL OP(MD)/7179/2020allowed

R.Latha v. The Deputy Superintendent Of Police

2020-07-13Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN R.Latha ... Petitioner Vs.

1.The Deputy Superintendent of Police, Pattukottai Sub-Division, Pattukottai, Thanjavur Distrit.

2.The Inspector of Police, Pattukottai Town Police Station, Pattukottai, Thanjavur District.

3.Sathiyakala ... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st and 2nd respondents to given police protection to the life and limb of the petitioner. For Petitioner : Ms.P.Krishnaveni For Respondents : Mr.S.Chandrasekar (R1&R2) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed, seeking the relief of direction, directing the 1st and 2nd respondents to give police protection to the life and limb of the petitioner.

2. The learned counsel appearing for the petitioner would submit that the 3rd respondent is the money lender and he is also running an unregistered chit fund. Due to the family situation, the petitioner herein borrowed money, as scheduled below;- 1/3

S.No.

Date Loan(Rs,) Interest taken while giving the loan Amount Received 30-01-2019 2,00,000 12,000 1,88,000 04-02-2019 50,000 12,000 + 3000 35,000 13-03-2019 1,40,000 12,000 + 3000 1,25,000 18-03-2019 1,20,000 1,20,000 27-03-2019 1,20,000 20,000 1,00,000 06-05-2019 1,20,000 7,200 1,12,800 15-05-2019 20,000 20,000 20-05-2019 50,000 38,000 12,000 20,000 20,000 Total 8,40,000 1,07,200 7,32,800

3. The learned counsel appearing for the petitioner would further submit that the petitioner had joined in a chit to the value of Rs.8,00,000/- in the month of 2019. Though the loan availed by the petitioner and the subscription of the chit were paid by the petitioner regularly, the 3rd respondent, adjusted the chit amount towards the principle loan availed by the petitioner. Further, he demanded the petitioner to repay more money for which, she threatened the petitioner as if the amount was not paid, they will kill the petitioner and his family members. On 29.06.2020, the petitioner gave a complaint before the first respondent, but the first respondent did not act in accordance with law. In the said circumstances, interference of this Court is necessary to safeguard the life and limb of the petitioner.

4. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the complaint given by the petitioner was received by the respondent Police and based on which, enquiry was initiated. He would further submit that during the enquiry, if it found protection is required, suitable action will be taken.

5. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. Sd/- Assistant Registrar(ACCOUNTS) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

MPK Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Deputy Superintendent of Police, Pattukottai Sub-Division, Pattukottai, Thanjavur Distrit.

2.The Inspector of Police, Pattukottai Town Police Station, Pattukottai, Thanjavur District.

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

13.07.2020 AL(CO) TR(28.07.2020)3P 4C 3/3