Madras High CourtCRL OP(MD)/17957/2018disposed of

Kokhila v. The Superintendent Of Police

2018-10-09Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17957 of 2018 Kokhila

...Petitioner

Vs.

1. The Superintendent of Police Karur District Karur

2. The Inspector of Police Velliyanai Police Station Karur District

3. Tamilselvan

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to provide police protection to the life and limb of the petitioner, her family members and the petitioner's property based on the complaint given by the petitioner dated 02.10.2018 to the second respondent. For Petitioner : Mr.K.Ramanathan For Respondents: Mr.K.Suyambulinga Bharathi No.1 and 2 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents to provide police protection to the life and limb of the petitioner, her family members and the petitioner's property, based on the complaint given by the petitioner dated 02.10.2018

2. The learned counsel for the petitioner would submit that the petitioner is facing potential life threat from the accused persons and therefore a representation was given to the respondent police on 02.10.2018 in this regard. The learned counsel would further submit that already criminal case is pending in Crime No. 145 of 2018. Since no action was taken by the respondent police this petition was filed seeking for police protection.

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3. The learned Government Advocate (Crl.Side) would submit

that there is a dispute between the parties pending in O.S.No.47 of 2015 on the file of the Sub Court, Karur. The police have also enquired the complaint given by the petitioner. He would further submit that the petitioner shall workout his remedy only before the civil court in which suit is pending.

4. In the facts and circumstances of the case, since the suit is pending between the parties before the civil court, if at all the petitioner requires any police protection, She shall go and seek for such remedy before the civil court under Section 151 of C.P.C. As and when the civil court orders such protection, the respondent police shall act upon the same.

5.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-I) To

1. The Superintendent of Police Karur District Karur

2. The Inspector of Police Velliyanai Police Station Karur District

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

AAV BU/RP/SAR-1 :01.11.2018 : 2P/4C Crl.O.P.(MD)No.17957 of 2018 09.10.2018 https://hcservices.ecourts.gov.in/hcservices/