A.Shenbagavalli v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU A.Shenbagavalli ... Petitioner Vs.

1.The Superintendent of Police, Superintendent of Police Office Campus, Thoothukudi District.

2.The Inspector of Police, Vilathikulam Police Station, Vilathikulam, Thoothukudi District.

3.Ayyasamy ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the first and second respondents to provide adequate police protection to the petitioner's life and limb in enjoying the property in respect of the property in old survey No.22 and new survey No.185/28 to extent of 1461 square feet of Ramachandrapuram Village, Vilathikulam Taluk, Thoothukudi District from the unlawful and high handed activities of the third respondent by considering the petitioner's representation dated 25.11.2020.

For Petitioner :

Mr.C.M.Arumugam For R1 & R2 :

Mr.V.Neelakandan, Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the first and second respondents to provide adequate police protection to the petitioner's life and limb in enjoying the property in respect of the property in old survey No.22 and new survey No.185/28 to extent of 1461 square feet of Ramachandrapuram Village, Vilathikulam Taluk, Thoothukudi District from the unlawful high handed activities of the third respondent by considering the petitioner's representation dated 25.11.2020. 1/3

2.The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the above said property and the third respondent herein is the neighbor of the petitioner. The third respondent is used to intimidate and give life threat by made a false claim upon petitioner's property as if he is having right over the same. Hence, the petitioner approached the second respondent on 12.10.2020 and lodged a complaint. Based on the said complaint, the second respondent registered a case in crime No.263 of 2020 for the offence under Sections 147, 294(b), 427 and 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. Even after the registration of the case, the third respondent threatened the petitioner and attempted to attack her to withdraw the complaint. Hence, the petitioner preferred a representation dated 25.11.2020 seeking police protection before the official respondents herein. Since no action has been taken, the petitioner filed the present petition.

3.The learned Additional Public Prosecutor appearing for the first and second respondent, on instructions, would submit that based on the petitioner's representation, the second respondent initiated an enquiry in C.S.R.No.494 of 2020 and the same is pending.

4.Considering the facts and circumstances of the case and also considering the submission of the learned counsel for the petitioner, this Court directs the official respondents to consider the petitioner's representation dated 25.11.2020, in the manner known to law, within a period of four weeks from the date of receipt of a copy of this order and give police protection to the petitioner, if necessary. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Gns 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.

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To 1.The Superintendent of Police, Superintendent of Police Office Campus, Thoothukudi District.

2.The Inspector of Police, Vilathikulam Police Station, Vilathikulam, Thoothukudi District.

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

17.12.2020 (SV2)CO AP(07/01/2021) 3P 4C 3/3