Sathya Bama v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Sathya Bama ... Petitioner Vs 1.The Superintendent of Police O/s The Superintendent of Police, Madurai District.
2.The Inspector of Police, T.Kallupatti Police Station, Madurai District.
3.Arun Kumar ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 & 2 to provide adequate police protection to the life and limb of the petitioner and her children based on the petitioner's representation dated 23.09.2020, within the time limit stipulated by this Court.
For Petitioner : Mr.M.Jegadeesan For R1 and R2 : Mr.V.Neelakandan, Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the respondents 1 & 2 to provide adequate police protection to the life and limb of the petitioner and her children based on the petitioner's representation dated 23.09.2020, within the time limit stipulated by this Court.
2. The learned counsel for the petitioner would submit that the petitioner's husband has purchased the petition mentioned property from one Janarthanan and he is the absolute title holder of the property. The petitioner's husband is working in Saudi-Arabia and out of his earnings only, the property has been acquired. All the family expenses like the petitioner's mother-in-law's medical expenses, educational expenses of petitioner's sister-in-law's chidren as well as the educational expenses of the 3rd respondent are met out by the petitioner's husband income only. The 3rd respondent is none other than the son of the petitioner's sister-in-law. Since the petitioner's husband is in abroad, the 3rd respondent and the petitioner's mother-in-law and sister-in-law joined hands with an intention to grab the property have made life threat to the 1/3
petitioner and her children. Hence, the petitioner lodged a complaint before the Deputy Superintendent of Police, Peraiyur. As instructed by the DSP, she gave a complaint before the second respondent on 10.09.2020. Before the second respondent police, the petitioner's mother-in-law has given a written undertaking that she will not develop any quarrel as against the petitioner and her children. Subsequently, the petitioner's mother-in-law attacked the petitioner by using iron rod. Therefore, the petitioner has made representation dated 23.09.2020 through registered post to the respondent No.1, seeking police protection. But, so far no action has been taken by the respondent police. Hence, the petitioner is before this Court.
3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 & 2, on instructions, would submit that the complaint of the petitioner dated 23.09.2020 will be considered. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.
5.Considering the submission made on either side, the respondents 1 and 2 are directed to consider the representation of the petitioner, dated 23.09.2020 and give police protection to the petitioner, if necessary. If it is found that police protection is not necessary, the same shall be communicated to the petitioner so that she can work out her rights in the manner known to law. 6.With the above direction, this criminal original petition is disposed of.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 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.
2/3
To:- 1.The Superintendent of Police O/s The Superintendent of Police, Madurai District.
2.The Inspector of Police, T.Kallupatti Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.M.S. JEYAKARTHIK, Advocate ( SR-22009[F] dated 18/11/2020 ) 11.11.2020 VB (01.12.2020) 3P 5C 3/3