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Madras High CourtCRL OP(MD)/19570/2024allowed

S. Muthulakshmi v. The State Of Tamilnadu Rep. By

2024-11-13Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR S.Muthulakshmi ... Petitioner Vs

1. The State of Tamil Nadu rep by The Superintendent of Police, Madurai, Madurai District.

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

3. M.Subramani ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to direct the respondents 1 and 2 to provide adequate police protection to life and limb of the petitioner and her family members.

For Petitioner :

Mr. A.Jayaramachandran For R1 and R2 :

Mr. A.Thiruvadi Kumar, Additional Public Prosecutor (Criminal Side) 1/5

ORDER

The petitioner, an aged lady with little education, is being tortured and assaulted by one Subramani, Anand and Vijay to whom the petitioner had given her 3 houses on lease independently. When the petitioner had asked them to vacate the houses, they had assaulted the petitioner and also given life threat that too in presence of the Sub Inspector of Police, Sholavandan, Madurai District. Since she had a representation on 16.10.2024 to the Superintendent of Police, no action has been taken. Hence, the above petition.

2. The contention of the petitioner is that the petitioner has 3 thatched houses. During April 2016, she had collected Rs.2,00,000/- each as lease amount from one Subramani, Anand and Vijay and made them as lessees. At that time, as security, the typed original documents were handed over to the respective persons. The petitioner went with Rs.2,00,000/- to terminate the lease and to get back the documents but they are refused to hand over the originals. When the petitioner had filed a suit in O.S. No. 583 of 2024 and in the meanwhile, on 09.10.2024, the said lessees along with others had attacked the petitioner and her husband. Though on the complaint C.S.R. No. 552 of 2024 assigned, the respondent police has not taken any action. In view of the same, the said persons further threatening and giving life threat to the petitioner 2/5

and her husband.

3. The learned Additional Public Prosecutor (Criminal Side), on instructions, submits that on the complaint of the petitioner, C.S.R. No. 552 of 2024 assigned and it is purely a land dispute. From the AR copy, it is seen that the injuries have been recorded. The petitioner and the counter petitioners have been called for enquiry and the enquiry is in progress. Now in view of the petitioner's subsequent representation of life threat and also specific allegations against the S.I of police, the Inspector of Police would conduct the enquiry and complete the enquiry in C.S.R. No. 552 of 2024 within a period three months and the adequate protection for the petitioner would be given as and when many such situation arises.

4. In the result, the criminal original petition is allowed with the above directions.

13.11.2024 NCC : Yes/No Internet : Yes/No Index : Yes/No pal 3/5

To

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

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

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

4/5

M.NIRMAL KUMAR,J.

pal 13.11.2024 5/5