Madras High CourtCRL OP(MD)/15813/2020disposed of

Aishwarya v. The Superintendent Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.15813 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15813 of 2020 Aishwarya ... Petitioner Vs

1. The Superintendant of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Virudhunagar (West) Police Station, Virudhunagar, Virudhunagar District.

3. Muthulakshmi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first and second respondent police to grant police protection for the life and limb of the petitioner on the basis of the online complaint in HAV201554932 dated 18.12.2020. For Petitioner : Mr.P.M.Vishnuvarthanan For R1 and R2 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the first and second respondent police to grant police protection for the life and limb of the petitioner on the basis of the online complaint in HAV201554932 dated 18.12.2020.

2. The learned counsel for the petitioners submitted that the husband of the petitioner died on 08.08.2017, from then the inlaws of the petitioner did not allow the petitioner inside the house and now she is in the custody of her father. To avoid the petitioner from asking any share of her deceased husband, the third respondent is giving all sort of trouble to the petitioner and her children. Hence, the petitioner lodged a complaint on 18.12.2020 through online. So far, no action has been taken. Hence, the petition.

3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2, on instructions, would submit that the complaint of the petitioner has been received by the respondent police and enquiry on the same is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.15813 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

5.Recording the above submission made by the learned Additional Public Prosecutor, without adverting into the merits of the case, the respondents 1 and 2 are directed to consider and pass orders on the petitioner's complaint dated 18.12.2020 after giving opportunity to the necessary parties 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 on merits and in accordance with law. 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 (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) ta 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, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Virudhunagar (West) Police Station, Virudhunagar, Virudhunagar District.

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

+1cc to Mr.Vishnuvarthanan, Advocate, SR.No.27012. Crl.O.P(MD)No.15813 of 2020 23.12.2020 NA(CO) CS(11.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2