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Madras High CourtCRL OP(MD)/13840/2023disposed of

P.Datchana v. The Commissioner Of Police

2024-09-11Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Datchana ... Petitioner vs.

1.The State rep by The Commissioner of Police, Trichy City, Trichy.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Inspector of Police, Edamalaipatti Pudur Police Station, Trichy.

4.Murugesan 5.Rajesh ... Respondents Prayer:- Petition filed under Section 482 of Code of Cr.P.C., to direct the respondents to provide adequate police protection to the life and limb of the petitioner and her family members by considering the petitioner's representation dated 06.04.2023.

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For Petitioner : Mr.R.Maheswaran For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 to R3

ORDER

This petition is filed to direct the respondents to provide adequate police protection to the life and limb of the petitioner and her family members by considering the petitioner's representation, dated 06.04.2023.

2. The grievance of the petitioner is that the petitioner and her husband are living in the subject matter property, which belongs to the government. They have already applied to the government for granting patta. Whileso, to grab the property from them, the private respondents are illegally trying to dispose them otherwise than by due process of law. Twice, they have committed crimes including hitting the petitioner's son. Due to which, a case in Crime No.296 of 2023 was also registered for the alleged offenses under Sections 294(b), 427 & 506(i) of IPC. Even thereafter, no action seems to be taken by the respondent police and the said individuals are frantically trying to dispossess the petitioner, every now and then coming to her place and threatening her and her husband. 2/5

3. Per contra, the learned Government Advocate (Crl.Side) would submit that on the complaint given by the petitioner, a case has been registered and the same is being duly investigated.

4. I have considered the rival submissions made on either side and perused the material available on records.

5. It is the case of the petitioner that constantly and persistently, the private respondents are trying to disposses them from the property in their possession otherwise than by due process of law. It is for her to approach the Civil Court and get an order of injunction in her favour. If only there is an order of injunction decree of the civil court, the police can provide protection with reference to the property.

6. As far as the person of the petitioner is concerned, when the crime has occurred, they have registered the case and it is stated that the respondents are proceeding with the investigation. The respondent shall investigate the matter swiftly and file final report in accordance with the law.

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7. With the above said liberty preserved to the petitioner to approach the Civil Court for injunction, and if such an order of injunction is granted, she can again approach the police for protection, this Criminal Original Petition stands disposed of.

11.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No dss To 1.The superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

3.The Inspector of Police, S.B.Mangalam Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

D.BHARATHA CHAKRAVARTHY, J.

dss 11.09.2024 5/5