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Madras High CourtCRL OP(MD)/8754/2021dismissed as infructuous

Aswathama v. The Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.8754 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.8754 of 2021 Aswathama ... Petitioner Vs.

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

2. The Inspector of Police, Silaiman Police Station, Madurai District.

3.Rajkumar 4.Santhi 5.Latha ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to provide adequate police protection for life and limb of the petitioner, on the basis of the petitioner's representation dated 30.04.2021, preferred by the petitioner in accordance with law.

For Petitioner : Mr.M.Sankar For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This Criminal Original Petition is filed seeking a direction to the 2nd respondent to provide adequate police protection for life and limb of the petitioner, on the basis of the representation dated 30.04.2021.

2.The learned counsel appearing for the petitioner submitted that the petitioner's husband, late.Chandrasekaran has own 1/4th share in the properties, which are situated in Old.S.No.135/1, New S.No.229/21, to an extent of 4.18 ares, S.No.133/2G, to an extent of 4 ares, S.No.180/8, to an extent of 47 ares and in S.No.180/9 to an extent of 33 ares. The property was still standing in the name of late Chelliah Ambalam, who is the father of Chandrasekaran. The 3rd respondent is knowing fully well that the properties are still undivided. He demolished the old house and constructed a new building. That was questioned by the petitioner, upon which, the respondents 3 to 5 made a life threat to the petitioner. So, the petitioner made a representation dated 30.04.2021. However, there https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8754 of 2021 was no action. Hence, this petition.

3.On 05.07.2021, the learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 and 2 submitted that based upon the representation made by the petitioner, enquiry was undertaken in C.P.No.50 of 2021 and the enquiry will be completed within a week. On that basis, the matter was ordered to be listed today to intimate about the outcome of the enquiry. 4.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner gave a statement before the respondent police to the effect that she will workout her remedy before the civil Court, based upon which, the matter came to be closed on the same day. 5.Recording the submission made by the learned counsel for the petitioner, this Criminal Original Petition is dismissed as infructuous by giving the aforesaid liberty.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Madurai District, Madurai.

2. The Inspector of Police, Silaiman Police Station, Madurai District.

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

Crl.O.P.(MD)No.8754 of 2021 06.08.2021 GC (17.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2