Pallavi R v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Pallavi ... Petitioner versus

1. The Commissioner of Police, Trichy City, Trichy District.

2. The Assistant Commissioner of Police, Srirangam, Trichy District.

3. The Inspector of Police, Srirangam Police Station, Trichy.

4. A.S.Sri Hari ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 3 to take necessary action on the basis of the 1/6

petitioner's representation dated 28.03.2024 with regard to give necessary protection to her life and limb.

For Petitioner : Mr.D.Anbarasu For R1 to R3 : Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

Seeking police protection, the petitioner has filed this application. 2.The learned counsel for the petitioner submits that the fourth respondent and the petitioner are husband and wife. According to the petitioner, they are living separately. The fourth respondent is often threatening the petitioner. Therefore, she has lodged a complaint before the respondents police. But, the respondents police have not acted upon the complaint. Hence, the petitioner is before this Court. 2/6

3.The learned Additional Public Prosecutor for the respondents submits that as on date, they are not having any petition received from the petitioner. Even according to the petitioner, she has lodged this complaint only before the Social Welfare Officer. 4.This Court considered the rival submissions made.

5. If the fourth respondent intimidated the petitioner, it is always open to the petitioner to lodge a complaint along with the materials before the concerned police station. If the concerned police is not taking any action, the petitioner is having a remedy before the concerned Superintendent of Police under Section 154(3) of Cr.P.C and another remedy is also available under Section 156(3) of Cr.P.C. before the concerned Judicial Magistrate.

6. The fourth respondent appears to have filed a Guardian O.P. with regard to the custody of the child before the Family Court, 3/6

Coimbatore. The petitioner can very well contest her case before the Family Court and if there is any practical difficulty in appearing before the Family Court, Coimbatore, she can also very well approach this Court under Article 227 of the Constitution of India for transferring the case from the file of the Family Court, Coimbatore.

7. Since the petitioner is having remedy before the above forums, this Court is not inclined to entertain this petition. Accordingly, this Writ Petition is dismissed. No costs. 16.04.2024 NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

sji To

1. The Commissioner of Police, Trichy City, Trichy District.

2. The Assistant Commissioner of Police, Srirangam, Trichy District.

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3. The Inspector of Police, Srirangam Police Station, Trichy.

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

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B.PUGALENDHI, J.

sji 16.04.2024 6/6