Madras High CourtCRL OP(MD)/20101/2024dismissed

Rekha v. State Of Tamilnadu Rep.By

2024-11-20Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Rekha ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Sathur, Virudhunagar District.

3.The Inspector of Police, Alankulam Police Station, Alangulam, Virudhunagar District.

4.Radhakrishanan 5.Kartheswari ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondents 1 to 3 to provide adequate police protection to the petitioner and his family members for life and limp with considering petitioner's representation on 07.11.2024 within a stipulated time.

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For Petitioner : Mr.P.Ponraj For R1 to R3 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

The petitioner had lodged a complaint on 04.11.2024 and an FIR had been registered against one Radhakrishnan and Kartheeswaran for the offence under Sections 296(b), 324(4), 125, 133, 115(2) and 351(3) of BNS Act, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The petitioner had sent a representation on 07.11.2024 stating that after registration of FIR, no action has been taken, but the accused in this case are still exerting threat and also sending henchman to finish away the petitioner. Hence, sought police protection. It is further submitted that the grand-father of petitioner's husband, namely, Muthusamy had given 9 1⁄4 cents of land to his legal heirs, namely, Rajamani, Durairaj and Govindan. The petitioner's father-in-law Govinthan had also received a portion of the land, which the petitioner are in possession, which is obstructed. Hence, filed this petition.

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2. The learned Additional Public Prosecutor, on instructions, would submit that on the complaint of the petitioner, the accused have been arrested and remanded on 19.11.2024. He further submitted that against the petitioner and 9 others, case has been registered.

3. In view of the above factual position and the petitioner is now accused on a complaint given by rival party and it is the case and case in counter, no specific direction can be given in this petition. Accordingly, this Criminal Original Petition is dismissed. NCC : Yes / No 20.11.2024 Index : Yes / No Rmk 3/5

To 1.The Superintendent of Police, O/o.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Sathur, Virudhunagar District.

3.The Inspector of Police, Alankulam Police Station, Alangulam, Virudhunagar District.

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

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M.NIRMAL KUMAR, J.

Rmk Order made in Dated: 20.11.2024 5/5