Meenal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Meenal ... Petitioner vs.

1. The Superintendent of Police, Sivagangai District, Sivagangai.

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

3. Ganesan

4. Vasantha

5. Gopalakrishnan

6. Saraswathi

7. Thirunavukarasu

8. Punitha ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to give police protection for life and limb of the petitioner, family members and her property.

For Petitioner : Mr.K.Malaimaran For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor(criminal side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to give police protection for life and limb of the petitioner, family members and her property.

2. The learned counsel for the petitioner would submit that the petitioner's step mother namely Muthu @ Muthulakshmi purchased a house in old Door No.8C, New Door No.21, situated at Velunatchiar Street, Sivagangai town in the year 1985 from on Ramanathan Chettiar, Sampath Chettiar. Since the petitioner's step mother has no issues, she adopted her sister Subbulaksmi's daughter Meenal, the petitioner herein and her brother Panchavarnam's son Ganesan/3rd respondent herein and all were residing in that house. Subsequently, the petitioner's step mother died on 08.07.2008. According to the 1/3

petitioner, she went to her matrimonial house and the 3rd respondent enjoyed the petitioner's share house property with her permission. The grievance of the petitioner is that the respondents 3 to 8 created forged documents with the intention to grab the petitioner's property and when the same was questioned by the petitioner, they threatened her with dire consequences. Hence, the petitioner lodged a complaint before the respondent police on 10.11.2020. Since no action has been taken by them, the petitioner is before this Court, with this present Criminal Original petition. 3.The learned Additional Public Prosecutor(Crl.side) appearing on behalf of the respondents 1 & 2, on instructions, would submit that the petitioner's complaint against the respondents 3 to 8 has been received and the enquiry is pending. 4.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 &2. Since no adverse order is going to be passed, notice to the respondents 3 to 8 is dispensed with. 5.Considering the facts and circumstances of the case and considering the 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 18.11.2020 after giving opportunity to the respondent, 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 take appropriate action 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 directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-I) //True copy// / /2021 Sub Assistant Registrar 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.

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To

1. The Superintendent of Police, Sivagangai District, Sivagangai.

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

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

Order made in CRL OP(MD)No.15265 of 2020 21.12.2020 SRS/03.02.2021/3P/4C 3/3