Latha v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.9991 of 2017 Latha : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner, Madurai City, Madurai.

3.Kannan, The Inspector of Police, Karimedu Police Station, Madurai District.

4.Murugan 5.Panchavarnam : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to issue order of direction directing the respondents to give police protection for the petitioner and her family member's life and limb based on the petitioner's complaint dated 22.07.2017.

For Petitioner : Mr.S.Muniyandi For R-1 to R-3 : Mr.K.Anbarasan Government Advocate(Crl.Side).

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O R D E R

This Criminal Original petition is filed for a direction to the respondents to give police protection for the petitioner and her family member's life and limb based on the petitioner's complaint, dated 22.07.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents 1 and 2.

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3. Reading of the representation of the petitioner to the respondents 1 to 3, dated 22.07.2017, discloses several criminal offences against several individuals including police. The petitioner has made serious allegations against everyone. The allegations are serious and attract several provisions of I.P.C. However, none of the incident, the petitioner refers to in the criminal complaint against the individual concerned is reported and no compliant at the relevant time. Thereafter, the petitioner gave a representation to give police protection to the petitioner and her family members' life and limb.

4. The case of the petitioner lacks bonafide. For the reasons stated in the representation, the petitioner ought to have given a criminal complaint. The petitioner has no cause of action to seek police protection, merely because, the person against whom she has given complaint, have committed several offences against the petitioner. Instead of prosecuting them for criminal offences in the manner known to law, the petitioner cannot seek police protection. In the said circumstances, this Court is of the firm view that the petition lacks bonafide and this Court is not inclined to entertain this petition. Hence, the Criminal Original petition is dismissed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner, Madurai City, Madurai.

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

CRL OP(MD)No.9991 of 2017 01.08.2017 pmu AM/SKN RSK/SAR 2/29.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/