V.Geetha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN V.Geetha ... Petitioner Vs.

State Rep by the 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul, Dindigul District.

3.Pandithurai

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1 and 2nd respondents herein to provide adequate police protection to the petitioner property and her life and limb on the basis of the petitioner complaint dated 07.04.2021. For Petitioner : Mr.B.Jameelarasu For R-1 and R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to the respondents 1 and 2 herein to provide adequate police protection to the petitioner's property and her life and limb on the basis of the petitioner's complaint dated 07.04.2021. 2.The case of the petitioner is that due to the property dispute, on 27.03.2021, the third respondent along with six other henchmen has trespassed into the petitioner's property with a Tractor, damaged the entire household articles and also demolished his house property. When the same was questioned by the petitioner, all of them threatened her with dire consequences and demanded the 1/3

petitioner to vacate her property. Hence, the petitioner has lodged a complaint before the second respondent and a case in Crime No.200 of 2021 was registered. After the case has been registered, the third respondent and his henchmen have been continuously threatening the petitioner in order to grab her property. Hence, the petitioner again made a complaint on 07.04.2021. Since no action was taken by the respondent police, the petitioner approached this Court with the aforesaid relief.

3.The learned Government Advocate (crl.side) would submit that there was a civil dispute pending between the parties in O.S.No.35 of 2019 and a criminal case is also registered against the respondents 3 to 4 in Crime No.200 of 2021 for the offence under Sections 147, 294(b), 427, 448 , 506 (ii) and 379 of I.P.C., and in the said case, the investigation is going on. 4.Now, the learned counsel for the petitioner would submit that the third respondent is pressurizing and forcing the petitioner to withdraw the complaint and also making life threat. 5.When the civil suit is pending over the right of the property, question of providing police protection to the property at this stage does not arise. Therefore, the petitioner is directed to workout her remedy before the concerned Civil Court, where the suit is pending.

6.With regard to the relief sought for by the learned counsel for the petitioner for the life threat of the petitioner, the learned Government Advocate (crl.side) would submit that the representation given by the petitioner may be considered with the direction of this Court.

7.In view of the above, the second respondent is directed to consider the petitioner's representation dated 07.04.2021, on merits and in accordance with law, after enquiring the parties concerned, within a period of 15 days from the date of receipt of a copy of this order.

8.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

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. CP To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul, Dindigul District.

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

Crl.O.P.[MD]No.6227 of 2021 30.04.2021 GS (11.06.2021) 3P 4C 3/3