R. Anushya v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.12512 of 2018 R.Anushya ... Petitioner Vs.

1. The State of Tamil Nadu represented by its Commissioner of Police, Tirunelveli.

2. The Inspector of Police, Medical College Police Station, Palayamkottai, Tirunelveli District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of the Criminal Procedure Code for a direction to the respondent police to provide armed protection to the petitioner and her family members, by considering the petitioner's representation dated 03.07.2018. For Petitioner : Mr.I.Pinaygash for Mr.I.Robert Chandra Kumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The Criminal Original Petition has been filed for a direction to the respondent police to provide armed protection to the petitioner and her family members, by considering the petitioner's representation dated 03.07.2018.

2. According to the petitioner, there is a civil dispute between the petitioner's father Raj Kumar, Advocate Balaganesan and Doctor Bala Murugan. Hence, the petitioner's father filed a suit in O.S.No.476 of 2017 before the District Munsif Court, Tirunelveli and the same is pending. The brother of the said Advocate Balaganesan viz., Rocket Raja threatened the petitioner's father to withdraw the suit. Therefore, the petitioner lodged a complaint. The said Rocket Raja is a notorious person and various criminal cases have been registered against him. On 26.02.2018, at about 7.45 p.m., at the instigation of the aforesaid persons, their henchmen trespassed into

the petitioner's residence with deadly weapons and explosive substances, murdered the petitioner's husband Senthil Kumar and they came to know that they had mistakenly murdered her husband instead of her father and also threatened the petitioner as well as her family members by using their caste name.

3. The petitioner's father lodged a complaint before the second respondent police and F.I.R. has been registered in Crime No.30 of 2018 for the offences under Sections 147, 148, 447, 294(b), 324, 302, 506(ii), 120(b) and Sections 3 and 4(A) of Explosives Substances Act, 1908 and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. The second respondent police also filed a final report in S.C.No.68 of 2018 before the II Additional District Munsif (PCR), Tirunelveli and the same is pending. The petitioner and her family members are the witnesses as well as the de-facto complainants of the aforesaid case and totally there are 13 accused in the case and the accused Nos.1 and 2 are absconding for the past 5 months. The petitioner and her family members are receiving threats from unknown persons till date.

Hence, the petitioner sent a representation to the Director of National SC/ST Commission and prayed for armed police protection. The Commission forwarded her representation to the D.I.G, Tirunelveli and the same was forwarded to the first respondent. But, so far no order has been passed. Hence, the petitioner has filed the present Criminal Original Petition.

4. The learned Government Advocate (Crl.side) appearing for the respondents would submit that the said complaint was received on 21.07.2018 and the same is under consideration of the first respondent.

5. In the light of the aforesaid facts and circumstances of the case, this Court directs the first respondent to consider the petitioner's representation dated 03.07.2018 and pass orders in accordance with law, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order.

6. This Criminal Original Petition is disposed of, with the above direction.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Tirunelveli.

2. The Inspector of Police, Medical College Police Station, Palayamkottai, Tirunelveli District.

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

+1cc to Mr.T.ROBERT CHANDRA KUMAR, Advocate, SR.No. 74404 Crl.O.P.(MD)No.12512 of 2018 23.07.2018 AKV KK/RP/SAR-4/24.07.2018/3P-5C/