Madras High CourtCRL OP(MD)/14872/2020disposed of

D.Devadharshini v. The Superintendent Of Police

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

Crl.O.P(MD)No.14872 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.14872 of 2020 D.Devatharshini ... Petitioner Vs 1.The Superintendent of Police Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

3.Mari 4.Sasi 5.Tamilselvan 6.Mohan

...Respondents

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 1st and 2nd respondents herein to consider the petitioner's representation dated 05.12.2020 and provide adequate police protection to the life and limb of the petitioner and her husband family members in accordance with law. For Petitioner : Mr.T.Manikandan, Advocate For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the 1st and 2nd respondents herein to consider the petitioner's representation dated 05.12.2020 and provide adequate police protection to the life and limb of the petitioner and her husband family members in accordance with law.

2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 3.The learned Additional Public Prosecutor(Crl.side) appearing on behalf of the respondents 1 & 2, on instructions, would submit that based on the complaint given by the petitioner, CSR No. 844 of 2020 has been assigned on 29.11.2020 and the enquiry is pending.

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Crl.O.P(MD)No.14872 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to the respondents 3 to 6 is dispensed with. 5.Recording the above submission made by the learned Additional Public Prosecutor(Crl.side), without going into the merits of the case, the respondents 1 & 2 are directed to consider and pass orders on the petitioner's representation dated 05.12.2020 after giving opportunity to the other side, 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 (AD) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Ilayankudi Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.14872 of 2020 16.12.2020 VRN TK/SAR/18.01.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2