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Madras High CourtCRL OP(MD)/7303/2023disposed of

Durga Devi v. The Superintendent Of Police

2024-08-28Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.08.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.7303 of 2023 Durga Devi ... Petitioner Vs

1. The Superintendent of Police, Musiri, Trichy, Trichy District.

2. The Deputy Superintendent of Police, Musiri, Tirchy, Trichy District.

3. The Inspector of Police (L & O), Musiri Police Station, Musiri, Trichy District.

4. Balakumar@marshal ... Respondents PRAYER :- Criminal Original Petition filed under Section 528 BNSS, to direct the 1 to 3 respondents to grant adequate police protection for the petitioner's life and limb by considering her representation dated 11.04.2023 within a time stipulated by this Court.

For Petitioner : Mr. Vishnuvarthanan.P.M For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-4 : No appearance

ORDER

This Criminal Original Petition has been filed seeking a direction against the respondent police to provide police protection to the petitioner's life and limb, based on his representation dated 11.04.2023.

2. It is seen that the dispute arises due to matrimonial discord. There are proceedings pending between the parties. As far as the criminal offence is concerned, already a case is registered in Crime Number. 28 of 2021. Therefore, police protection was also sought with reference to the threat, which is said to have been given at the relevant point of time. Now, by the efflux of the time and since the proceedings are pending between the parties before the other forum, giving liberty to the petitioner to obtain such relief before the appropriate forum in the domestic violence case, as well as the other proceedings, the prayer to grant police protection to her, cannot be countenanced at this point of time.

3. Accordingly, this Criminal Original Petition is disposed of. 28.08.2024 Internet : Yes Index : Yes/ No NCC : Yes/No jbr TO

1. The Superintendent of Police, Musiri, Trichy, Trichy District.

2. The Deputy Superintendent of Police, Musiri, Tirchy, Trichy District.

3. The Inspector of Police (L & O), Musiri Police Station, Musiri, Trichy District.

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

D.BHARATHA CHAKRAVARTHY,J jbr

ORDER

IN CRL OP(MD) No.7303 of 2023 Date : 28.08.2024