Madras High CourtCRL OP(MD)/10491/2021dismissed

Fathima Mary v. The Superintendent Of Police

2021-11-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10491 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.10491 of 2021 Fathima Mary ... Petitioner vs.

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

2.The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

3.Selvaraj 4.Savarimuthu ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to issue direction directing the second respondent police to provide police protection to life and limb of the petitioner from the respondents 3 and 4.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.M.Veeranthiran Government Advocate for R1 & R2 Mr.G.Sridharan for R3 & R4

O R D E R

The petitioner filed the present Criminal Original Petition seeking the relief of police protection.

2.Notice was ordered. The learned counsel for the private respondents pointed out that the suit property belonged to the petitioner's father Sepasthiyar @ Sevithiya. The petitioner's father as well as her brothers has sold the property in favour of one Lakshmiammal. From her, the private respondents have purchased the property on 22.09.2020 and patta was also transferred in their favour. The petitioner has filed a civil suit in O.S.No.584 of 2020 on the file of the Additional Sub Court, Pudukottai seeking partition against her brothers and sisters. The private respondents have also been shown as defendants in the said suit. As on date, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10491 of 2021 the petitioner has no enforceable decree or judgment obtained from the jurisdictional civil court. The petitioner has to move the jurisdictional civil court for the relief sought for. Leaving open the petitioner's rights, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) csm/mga 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 Additional Sub Judge, Pudukkottai 2.The Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

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

+2 CC to M/s.G. SRIDHARAN, Advocate ( SR-35273[F] dated 19/11/2021 ) Crl.O.P.(MD)No.10491 of 2021 19.11.2021 MGJ(17.12.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2