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Madras High CourtCRL OP(MD)/21349/2024dismissed

R.Murugeswari v. The State Of Tamil Nadu,

2024-12-05Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM

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

1.The State of Tamil Nadu Rep. by The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Pandiyan Nagar/Virudhunagar Rural Police Station, Virudhunagar, Virudhunagar District.

3.Ramakrishnan .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C./528 of BNSS, to direct the second respondent to provide police protection to life and limb of the petitioner from the third respondent. For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Sanjai Gandhi No.1 & 2 Government Advocate (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the second respondent to provide police protection to the petitioner's life and limb from the assault of the third respondent.

2.The case of the petitioner is that she is residing alone since her husband is abroad. On 21.11.2024, at about 02.40 p.m., the third respondent/father-in-law of the petitioner came to her house, when she was alone, abused her in filthy language and assaulted her with a bamboo stick. The petitioner shouted and her mother-in-law came there and tried to protect her and she was also assaulted. Thereafter, the petitioner and her mother-in-law went to the second respondent police station and gave a complaint on 21.11.2024. Then, the petitioner took treatment in the hospital as an inpatient for three days. Based on her complaint, the respondent police registered a case in Crime No.228 of 2024 for the offence under Sections 296(b) and 115(2) of BNS, 2023 and Section 4 of TNPHW Act, 2002 against the third respondent. But the third respondent is still taking advantage of the relationship, he entered into the house and is also threatening the petitioner. Hence, she has filed the present petition before this Court with the above said prayer. 2/4

3.The learned counsel for the petitioner submitted that the third respondent was a drunk, who used to barge into the petitioner's house, assault her and abuse her in filthy language and he also pulled her saree with an illegal intention and she was also shouted at, her mother-in-law came and rescued her, but she was also assaulted by the third respondent. 4.The learned Government Advocate (Crl. side) submitted that on the complaint of the petitioner, a case has been registered and the investigation has been completed. He further submitted that it appears to be a family dispute and they have also warned the third respondent and as of now there is no threat faced by the petitioner. If there is any specific incident reported, immediate action will be taken against the third respondent.

5.Recording the same, this Criminal Original Petition is dismissed. 05.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No sji 3/4

M.NIRMAL KUMAR,J.

sji To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Pandiyan Nagar/Virudhunagar Rural Police Station, Virudhunagar, Virudhunagar District.

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

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