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Madras High CourtCRL OP(MD)/9658/2022disposed of

Chellammal v. The Superintendent Of Police

2022-05-25Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25.05.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Chellammal ... Petitioner Vs 1.The Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Manapparai Division, Trichy.

3.The Inspector of Police, Manapparai Police Station, Trichy District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to give adequate police protection to the petitioner, AIADMK Councilors of Manapparai Municipality and their allied party Councilors of Manapparai Municipality to participate in the 1st council meeting as well as Vice-Chairman election of Manapparai Municipality, Trichy District to be held on 25.05.2022 forenoon and afternoon. For Petitioner : Mr.A.Thiyagarajan For Respondents : Mr.SS.Madhavan, Govt. Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents to give adequate police protection to the petitioner, AIADMK Councilors of Manapparai Municipality and their allied party Councilors of Manapparai Municipality to participate in the 1st council meeting as well as Vice-Chairman election of Manapparai Municipality, Trichy District to be held on 25.05.2022 forenoon and afternoon.

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2.The learned counsel for the petitioner would submit that a case was registered against the petitioner's party members in Crime No.179 of 2022 dated 24.05.2022 for the offences under Sections 147, 341, 448, 364, 365, 294(b) and 506(i) of IPC r/w. Section 4 of Tamilnadu Prohibition of Harassment of Women Act and Sections 3(1) (r), 3(1)(s) and 3(2)(Va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The defacto complainant is none other than the son of the petitioner. The ruling party had set up her son to lodge a false complaint as if the petitioner was abducted by AIADMK party members.

However, the learned counsel for the petitioner would submit that the petitioner was not abducted or kidnapped by anybody and this false complaint was lodged only to prevent the petitioner and her party members from attending the first council meeting as well as the Vice-Chairman election. 3.The learned counsel for the petitioner would further submit that the election to be held on 25.05.2022 was adjourned without specifying the date. The learned counsel for the petitioner on instructions states that the petitioner may be permitted to appear before the respondent and make her statement as if she was not abducted or kidnapped by any one, so that the case may be closed. 4.Considering the facts and circumstances of the case, the petitioner is directed to appear before the third respondent and give her statement.

In case, if the petitioner appears before the third respondent and give her statement, the third respondent is directed to record the statement of the petitioner and proceed further in the case on merits and in accordance with law.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) ias/sn 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.

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To:- 1.The Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Manapparai Division, Trichy.

3.The Inspector of Police, Manapparai Police Station, Trichy District.

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

25.05.2022 RK(01/06/2022) 3P 5C 3/3