Abdul Muthalif v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY CRL.O.P (MD) No.7563 of 2024 Abdul Muthalif ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District.

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

3.Sikkandar Ammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first and second respondents herein to provide adequate police protection to the life and limb of the petitioner's sons by considering the petitioner's representation dated 15.05.2024 in accordance with law. For Petitioner : Mr.S.M.A.Jinnah For R1 & R2 : Mr.S.Manikandan Government Advocate [Crl. Side] 1/5

O R D E R

This petition has been filed seeking for police protection to the life and limb of the petitioner's sons by considering the petitioner's representation dated 15.05.2024.

2.The learned counsel for the petitioner would submit that after the demise of the petitioner's wife, he is taking care of his two children. While that being so, the third respondent who is the mother-in-law of the petitioner is trying to trespass into the petitioner's house and abduct his children and therefore, the petitioner gave a complaint to the second respondent police seeking for police protection. Since the same was not considered, this petition has been filed seeking for appropriate direction. 3.The learned Government Advocate [Crl. Side] appearing for the official respondents would submit that the respondent police cannot give police protection for such family disputes.

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4.Heard the learned Counsel for the petitioner and the learned Government Advocate [Crl. Side] for the respondent police. 5.The petitioner has to file an appropriate petition before the Court below for guardianship rights against the third respondent. The petitioner cannot maintain an independent petition before this Court seeking for police protection. As such, the relief sought for by the petitioner cannot be entertained.

6.In view of the above, this Criminal Original Petition is disposed of, by giving liberty to the petitioner to workout his remedy before the Court below in the manner indicated herein above.

22.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No MR 3/5

To 1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District.

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

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

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S.SRIMATHY , J.

MR ORDER IN CRL.O.P (MD) No.7563 of 2024 22.05.2024 5/5