Madras High CourtCRL OP(MD)/18899/2018disposed of

Maheswari v. The Superintendent Of Police

2018-10-25Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.18899 of 2018 Maheswari : Petitioner Vs.

1.State rep.by The Superintendent of Police, Theni District, Theni.

2.State rep.by The Inspector of Police, Theni Police Station, Theni District.

3.Murugesan 4.Gokila 5.Mani : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2, to give necessary police protection to the life and limb of the petitioner and her family members and their properties, based on the petitioner's representation dated 01.10.2018 to the 1st respondent. For Petitioner : Mr.R.Shankar Ganesh For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed for a direction to the first and second respondents to give police protection to the petitioner and her family members based on the petitioner's representation dated 01.10.2018.

2.The learned Government Advocate (Criminal Side) would submit that after the complaint was given by the petitioner, both the parties were called for enquiry and statements were recorded from both the parties and the complaint was also closed by the respondent police.

3.The learned counsel for the petitioner would submit that there is a constant harassment and threat by the accused person asking exorbitant interest and there is a serious threat to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.This Court is of the considered view that a petition for seeking police protection will not be maintainable in this case. If

the accused persons are claiming exorbitant interest, action can be taken against them only in accordance with law. If the petitioner has given a complaint to the respondent police and the respondent police have not registered F.I.R., it is left open to the petitioner to approach the concerned Magistrate Court by filing a petition under Section 156 (3) of Criminal Procedure Code. 5.This Criminal Original Petition is disposed of by giving liberty to the petitioner.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Theni Police Station, Theni District.

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

+1CC to Mr.R.Shankar Ganesh, Advocate, SR.No.91967 Crl.O.P.[MD].No.18899 of 2018 25.10.2018 DAS ES/SKN/RSK/SAR 3/14.11.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/