Madras High CourtCRL OP(MD)/14868/2020dismissed

P.Manimekalai v. The Deputy Inspector General Of Police

2020-12-16Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14868 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14868 of 2020 P.Manimekalai ... Petitioner vs.

1. The Deputy Inspector General of Police, Ramanathapuram.

2. The Superintendent of Police, Sivagangai District.

3. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents to give police protection to life and limbs of petitioner and to her two children namely Padmaysh aged 8 years and Parnesh aged 5 years, based on the complaint made by the petitioner dated 19.09.2020.

For Petitioner : Mr.R.Saravanan For R1 to R3 : Mr.V.Neelakandan Additional Public Prosecutor(Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents to give police protection to life and limb of petitioner and to her children based on the complaint made by the petitioner dated 19.09.2020.

2.Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor (Criminal Side) for the respondent Nos.1 to 3.

3.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 4.The learned Additional Public Prosecutor(Crl.side), on instructions, would submit that based on the complaint given by the petitioner, enquiry was conducted. The enquiry revealed that one Senthilkumar, who is working at Ilayankudi Police station and the petitioner herein are husband and wife and the petitioner got divorce from her husband and lived separately with her one male child. Subsequently, on mutual understanding, again they started to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14868 of 2020 live together and the petitioner gave birth to another male child. Thereafter, due to difference of opinion, they are living separately. The enquiry further revealed that the said Senthilkumar is willing to live with the petitioner, whereas, the petitioner is not willing to lead her life with her husband. Further, it is apparent that the petitioner got divorce from her husband, thereby, no further action is required on the complaint and accordingly, the complaint was closed. If the petitioner is disturbed by the said Senthilkumar, it is always duty bound on the respondents to give police protection to her.

5. Therefore, recording the submission of the learned Additional Public Prosecutor and with the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 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. To

1. The Deputy Inspector General of Police, Ramanathapuram.

2. The Superintendent of Police, Sivagangai District.

3. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

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

+1cc to Mr.R.Saravanan, Advocate, SR.No.25673. Crl.O.P.(MD)No.14868 of 2020 DATED : 16.12.2020 PV(CO) CS(25.01.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2