V.Nagalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN V.Nagalakshmi ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Sathur Sub Division, Virudhunagar District.

3. The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

4. Raguveer

5. Krishnaveni ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the respondent no.1 to 3 to provide adequate police protection to the petitioner and her family members by considering the petitioner's representation, dated 26.09.2023 in accordance with law within the time stipulated by this Court.

1/5

For Petitioner : Mr.R.Alagumani For R1-R3 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R4, R5 : Mr.C.M.Arumugam

ORDER

This Criminal Original Petition has been filed to direct the respondent no.1 to 3 to provide adequate police protection to the petitioner and her family members by considering the petitioner's representation, dated 26.09.2023 in accordance with law within the time stipulated by this Court. 2.It is the grievance of the petitioner that while she was working as Staff-Nurse in the Hospital, on 06.09.2023, she was being ill-treated by the respondents 4 and 5 and based on the complaint given by her, a case in Cr.No.320 of 2023 has been registered against them. Since the accused persons had committed criminal activities, the relevant penal section also to be included in the above said FIR.

3.The learned Government Advocate (Crl.Side) would submit that based on the complaint given by the petitioner, enquiry is conducted by the third respondent and it is pending.

2/5

4.On the basis of complaint given by the petitioner, investigation is undertaken by the third respondent. During the course of investigation, the petitioner sought inclusion of some penal provision against the accused persons. Depending upon the outcome of investigation, overt act of each accused found. Thereafter, only the penal provision can be amended and if the petitioner aggrieved over the investigation, she can seek remedy through appropriate proceedings. Now, it is a premature stage to consider the representation made by the petitioner.

5.Considering the above said facts and circumstances of this case, there is no question of granting police protection to the petitioner. However, there shall be direction to the third respondent to consider the representation of the petitioner on its own merits and dispose of the same, within a period of 15 days, from the date of appearance of the petitioner as well as the respondents 4 and 5. The investigation in Cr.No.320 of 2023 shall be continued by the third respondent.

3/5

6.With the above observations, this Criminal Original Petition stands disposed of.

10.10.2023 NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Sathur Sub Division, Virudhunagar District.

3. The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

4/5

G.ILANGOVAN, J.

PNM ORDER IN 10.10.2023 5/5