Madras High CourtCRL OP(MD)/8443/2021disposed of

Santhakumari v. The Superintendent Of Police

2021-10-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Santhakumari ... Petitioner Vs.

1.The Superintendent of Police, Dindigul district, Dindigul-624 306.

2.The Inspector of Police, Vadamadurai Police Station, Vadamadurai-624 802, Dindigul District.

3.Madhavi 4.Rajarajeswari 5.Sherin 6.Gopi Dhayalan 7.Karthikeyan 8.K.Sharmila 9.Sujatha 10.Velmurugan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner by considering the representation dated 09.06.2021, within the time fixed by this Court.

For Petitioner : Mr.C.Ganesh Kumar For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R3 & R4 : Mr.S.R.Suresh Kumar 1/3

ORDER

(This petition is heard through video conference) This petition has been filed seeking direction to the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner by considering the representation dated 09.06.2021, within the time fixed by this Court. 2.When the matter is taken up for hearing on 02.09.2021, the learned Additional Public Prosecutor submitted that based upon the representation made by the petitioner, enquiry was undertaken in CSR.No.306 of 2021 and during the course of enquiry, both parties appeared and gave a statement to the effect that till the matter is decided by the competent civil Court, they will not make any quarrel and trouble with each other. But due to the connectivity problem, the counsel for the petitioner is unable to argue the matter. Hence, the matter was ordered to be listed under the caption 'for dismissal' today.

3.Today, the learned counsel for the petitioner present and submitted that based upon the complaint given by the son of the petitioner a case in Crime No.738 of 2021 has been registered against 7 persons including the respondents 3 to 8 and 10 and against one Sharmila for the offences punishable under Sections 120B, 147, 148, 294(b), 323, 381 and 506(ii) of IPC on 21.07.2021. 4.However, the learned counsel for the private respondent submitted that in the civil suit in O.S.No.217 of 2021 pending before the Additional District Court cum Mahalir Court, Dindigul in I.A.No.48 of 2021, temporary injunction has been granted against this petitioner and others and it was made absolute on 01.10.2021. 5.However, since the representation came to be closed, the petitioner has to workout his remedy through appropriate proceedings in the pending suit and nothing survives in this petition for further consideration and direction.

6.Accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

To 1.The Superintendent of Police, Dindigul district, Dindigul-624 306.

2.The Inspector of Police, Vadamadurai Police Station, Vadamadurai-624 802, Dindigul District.

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

06.10.2021 RD(28.10.2021) 3P 4C 3/3