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Madras High CourtCRL OP(MD)/6825/2016dismissed

M.Subbulakshmi v. The Superintendent Of Police

2016-06-03Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2016

CORAM:

THE HON'BLE D R.JUSTICE S.VIMALA Crl.O.P.(MD) No.6825 of 2016 M.Subbulakshmi ... Petitioner -vs1.The State of Tamil Nadu represented by the Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Kumapatty Police Station, Virudhunagar District.

3.M.V.B.Veerakumar @ Sekar 4.M.V.B.Sivakumar @ Udhayakumar 5.V.Balasubramanian ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to give police protection for the life of the petitioner and her family members and also to the property.

For Petitioner :

Mr.B.S.Meltiue For Respondents :

Mrs.S.Prabha Government Advocate (Crl.side) for R.1 and R.2 *****

O R D E R

This Criminal Original Petition is filed by the petitioner seeking a direction to the second respondent to give police protection for the life of the petitioner and her family members and also to the property.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.Side), who takes notice for the respondents 1 and 2.

3. The case of the petitioner is that after the death of her father on 12.04.2001, she became the owner of the property along with four of her sister; that the four proposed accused persons made an attempt to trespass into the property and threatened the petitioner and her sisters to dispossess themselves from the property; that some persons belonging to lower state of society have been made use of to commit trespass and there is also a threat that a case under PCR Act would be lodged against the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. It is submitted by the learned counsel for the respondent that during the course of enquiry, the petitioner's husband had appeared before the respondent police and had stated that the petition given by his wife need not be enquired into, as the jurisdiction is vested only with the Civil Court. Based on the statement of the petitioner's husband, the enquiry has been closed.

5. Under such circumstances, the respondent police is directed to furnish a copy of the closure report to the learned Counsel for the petitioner herein and it is open to the petitioner to work out the remedy in accordance with law. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To:

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Kumapatty Police Station, Virudhunagar District.

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

+1cc to M/S.P.GANAPATHI SUBRAMANIAN,ADVOCATE SR NO: 28179 ssl/ar JA-DB-17.6.2016-2P-5C Crl.O.P.(MD)No.6825 of 2016 03.06.2016 https://hcservices.ecourts.gov.in/hcservices/