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Madras High CourtCRL OP(MD)/7371/2020closed

P.Bhavadharini v. The Inspector Of Police

2020-07-15Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.7371 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.7371 of 2020 P.Bhavadharini

...Petitioner

Vs.

1.The State Rep by the Inspector of Police, All Women Police Station, Devakottai.

2.Arunkumar 3.Muthalagu

...Respondents

PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the 1st respondent herein to grant adequate protection to the life and limb of the petitioner and her family members based on the petitioner's representation dated 18.06.2020. For Petitioner : Mr.J.Anandkumar For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the first respondent to give the police protection to the life and limb of the petitioner. 2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent police. 3.Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the second respondent is the husband of the petitioner. Similarly, the third respondent is the father-in-law of the petitioner. He would further submit that after the marriage, the second respondent is getting a job in abroad and now, he is in Southi Arabia.

In the meanwhile, due to the dispute arose between the petitioner and the second respondent, the petitioner herein separated from the matrimonial home and living with her parents for the past four years. 4.In the mean time, the third respondent has refused to return the srithana properties, which were all given by the parents of the petitioner at the time of marriage. The learned counsel appearing for the petitioner would submit that it is the duty of the police to register a case under Section 406 IPC.

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CRL OP(MD)No.7371 2020 5.Per contra, the learned Additional Public Prosecutor appearing for the first respondent would submit that based on the complaint given by the petitioner, the first respondent initiated an enquiry in C.S.R.No.139 of 2020, on 14.07.2020, in which, both the petitioner and the third respondent appeared and made a compromise between them that the srithana properties will be given to the petitioner, after landing by the second respondent to India. The said submission made on either side is recorded. 6.Though it was stated by the learned Additional Public Prosecutor that enquiry has been initiated, it is the duty of the first respondent to give protection to the petitioner, if necessary. 7.With the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns Note : In view of the present lock down owing to COVID-19 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 Inspector of Police, All Women Police Station, Devakottai.

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

CRL OP(MD)No.7371 of 2020 15.07.2020 KB(24.07.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/