Madras High CourtCRL OP(MD)/11128/2021dismissed

M.Nithya v. The Commissioner Of Police

2021-10-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.11128 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P(MD)No.11128 of 2021 M.Nithya ... Petitioner/Defacto Complainant Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thallakulam Police Station, Madurai City.

... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to provide police protection to the petitioner to recover her things and articles from her matrimonial home as per the representation, dated 23.07.2021.

For Petitioner : Mrs.U.Parvathavarthini For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate

ORDER

This petition has been filed to direct the second respondent herein to provide police protection to the petitioner to recover her things and articles from her matrimonial home as per the representation, dated 23.07.2021.

2.Since the relief sought for by the petitioner cannot be granted by this Court for the simple reason that the issue involved in this case is matrimonial dispute, in respect of which, HMOP. No.392 of 2019 is also pending before the Family Court, Madurai. When that being the position, seeking police protection for the purpose of taking articles from the matrimonial home is not sustainable.

3.Considering the limited prayer sought for by the petitioner, notice was ordered to the petitioner's husband, but he failed to appear. For recovery of materials from the matrimonial home, the petitioner has to file appropriate application, before the Court, where HMOP proceedings are pending. Police protection for such sort of relief cannot be granted by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11128 of 2021 4.With the above said liberty, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thallakulam Police Station, Madurai City.

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

+1 CC to M/s.PARVATHA VARTHINI, Advocate (SR-33505[F] dated 01/11/2021) Crl.O.P(MD)No.11128 of 2021 28.10.2021 SVN(CO) SB/PM (19.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2