Regina Davidson v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Regina Davidson ... Petitioner Vs.

1.Superintendent of Police, Tirunelveli District, Tirunelveli.

2.Inspector of Police, Kalakkad Police Station, Tirunelveli District.

3.Roobavathi ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to provide adequate police protection to the petitioner and her premises forthwith.

For Petitioner : Mr.Prabhu Selva Kumar For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/5

O RDER This petition is filed seeking for a direction to the police to provide adequate protection to the petitioner based on her representations dated 19.05.2023 and 24.05.2023.

2.It is submitted by the learned counsel for the petitioner that the respondent No.3 is the sister of the petitioner and that the father of the petitioner has sold the property in favour of the petitioner under a registered sale deed dated 12.10.2011 vide Doc.No.1896/2011, wherein the respondent No.3 also shown as one of the witnesses. The petitioner stated to be residing in Mumbai, thereby the respondent No.3 has been using the said house, but the petitioner returned back to her house, the respondent No.3 is not permitting her to enter into the house. 3.The learned Government Advocate (Crl.side) submits that on a representation given by the petitioner, CSR.No.1152 of 2023 was given and in the course of enquiry of the petition submitted by the petitioner for providing police protection, the respondent No.3 has explained to the parties that O.S.No.38 of 2023 filed by the respondent No.3 in respect of the property allegedly claimed by 2/5

the petitioner is pending. The learned Government Advocate (Crl.side) further submits that the respondent No.3 has earlier filed O.S.No.23 of 2017 on the file of the District Munsif Court, Nanguneri and it was subsequently withdrawn, thereby dismissed with cost of Rs.5,000/-.

4.The police therefore taking into consideration the rival contentions and the petitions filed by them are directed to dispose of the petition given by the petitioner within a period of two weeks from the date of receipt of a copy of this order and if satisfied to provide adequate police protection otherwise advise accordingly.

5.With this direction, this Petition is disposed of. Speaking : Yes / No 11.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.Superintendent of Police, Tirunelveli District, Tirunelveli.

2.Inspector of Police, Kalakkad Police Station, Tirunelveli District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.12434 of 2023 11.07.2023 5/5