Madras High CourtCRL OP(MD)/14151/2020disposed of

Jansi Rani v. The Superintendent Of Police

2020-12-10Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.14151 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14151 of 2020 Jansi Rani ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Kanyakumari at Nagercoil.

2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

3.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

4.P.N.Antrew Prabheen Sathish, 5.Ponnaiyan Nadar 6.Navis Ammal 7.Amala 8.Sahayadoss ... Respondents PRAYER: Petition filed under Section 482 Cr.P.C., to direct the first and second respondent police to provide adequate police protection to the petitioner and her son for their life and limb. For Petitioner : Mr.R.Maheswaran For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the first and second respondent police to provide adequate police protection to the petitioner and her son for their life and limb. 2.The learned counsel for the petitioner would submit that the petitioner and the fourth respondent are husband and wife and due to some dispute, the fourth respondent abused the petitioner and threatened her. Hence, the petitioner filed this petition seeking the aforesaid relief.

3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that the complaint of the petitioner has been received by the respondent police the enquiry is pending.

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Crl.O.P(MD)No.14151 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3. In view of the order going to be passed, notice to the respondent Nos.4 to 8 is not necessary. 5.Recording the above submission made by the learned Additional Public Prosecutor, without going into the merits of the case, the respondents 1 to 3 are directed to consider and pass orders on the petitioner's complaint dated 24.11.2020 after giving opportunity to the respondent Nos.4 to 8 by following the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and if it is found that police protection is necessary, the same may be given to the petitioner. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-III) // 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.

To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari at Nagercoil. 2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

3.The Inspector of Police, Kaliyakkavilai Police Station,Kanyakumari District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.14151 of 2020 10.12.2020 ARK(CO) KB(06.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2