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Madras High CourtCRL OP(MD)/15118/2020disposed of

Thaibabanu v. The Superintendent Of Police

2020-12-18Honourable Mrs Justice J. Nisha Banu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Thaibabanu ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Thirumangalam Police Station, Madurai District.

3.Shahul Propreitor of Kasim Textiles, D. No.214, East Veli Street, Puliyankulam, Silaiman, Madurai - 625012.

4.Sekar Propreitor of Anitha Weaving Mill, D. No. 145 F6, West Car Street, Thiruchengode - 637211, Namakkal District.

5.Sivakumar Propreitor of Deiva Lakshmi Textiles, D. No. DF499, Avinasi Road, Vanchipalayam, Thiruppur - 641663.

6.Arusamy Sivaraj Propreitor of Nidhie Weaving Mill, D. No. 389/2, Chettipalayam Road, Palladam, Thiruppur - 641664.

7.Sekar Propreitor of Srijayam Knits, D.No. 2/1083, NVVB Layout Andipalayam, Thiruppur - 641687.

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8.Ramalingam Propreitor of Rani Textiles Plot No. 525, APIC Growth Center, Kulapalli Village, Madipadu Region, Ongal - 523 211, Prakasam District, Andrapradesh State.

9.Karthik Proprietor of Rasi Vinayaga Mills, D. No. 2/121-17, Murugan Palayam, Vanchipalayam, Thiruppur - 641663.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide adequate police protection to the limb and life of the petitioner and her family members by considering the representation of the petitioner dated 09.12.2020.

For Petitioner : Mr.R.Gowrishankar For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed directing the respondents 1 and 2 to provide adequate police protection to the limb and life of the petitioner and her family members, by considering the representation of the petitioner, dated 09.12.2020. 2.The learned counsel for the petitioner would state that the petitioner is doing small Garment business in the name and style of ATB Traders. She used to purchase garments from the whole sale dealers i.e., the respondents 3 to 9 on credit basis. Due to Covid -19, she could not collect the arrears from her customer. Even though the petitioner informed to the respondents 3 to 9 that she will repay the amount and requested some time to collect the arrears. But the respondents 3 to 9 have chosen to attempt to recover dues from her by using Goondas and scolding her in filthy language. On 07.12.

2020, the respondents 3 to 9 along with rowdy elements were came to the petitioner's house and threatened her with dire consequences. Therefore, the petitioner sent a representation to the respondents 1 and 2 on 09.12.2020, requesting to take action and sought for police protection. Since no action was taken, the petitioner has filed the present petition.

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3.The learned Additional Public Prosecutor would state that the complaint of the petitioner, dated 09.12.2020 will be considered at the earliest.

4.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor. In view of the order going to be passed, notice to the respondents 3 to 9 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 and 2 are directed to consider and pass orders on the petitioner's representation, dated 09.12.2020 after giving notice 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 in the manner known to law within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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, Madurai District.

2.The Inspector of Police, Thirumangalam Police Station, Madurai District.

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

+1cc to Mr.R.Gowrishankar, Advocate Sr.No.26937 Crl.O.P.[MD]No.15118 of 2020 18.12.2020 CK (CO) NR (08/01/2020) 4P : 5C 4/4