M.Vijaya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024

CORAM

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

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

2.The Sub-Inspector of Police, Gujiliamparai Police Station, Gujiliamparai, Dindigul District.

3.Rajalingam Pillai 4.Periyakkal 5.Mariyayee 6.Jothi 7.Thiyagarajan 8.Maruthapandi 9.Muthusamy .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C./528 of BNSS, to direct the respondents 1 and 2 herein to give necessary police protection to the petitioner herein for her life and limb based on the petitioner's complaint dated 30.10.2024. For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.K.Sanjai Gandhi No.1 & 2 Government Advocate (Crl. side) 1/6

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 herein to give necessary police protection to the petitioner herein for her life and limb based on the petitioner's complaint dated 30.10.2024.

2.The contention of the petitioner is that the ninth respondent is the husband of the petitioner and there was a matrimonial dispute between them, the petitioner filed HMOP No.370 of 2023 before the Family Court, Coimbatore for a relief of restitution of conjugal rights and she also filed a maintenance petition in M.C.No.113 of 2020 before the said Court. Further, the petitioner also filed a Domestic Violence Case in D.V.C.No. 123 of 2019 before the Chief Judicial Magistrate, Coimbatore against her husband and his family members. Against which, the ninth respondent filed a divorce petition in HMOP No.270 of 2019 before the Family Court, Coimbatore and the same is still pending. Further, there was a property dispute with regard to the divide of the property, the petitioner filed a suit in O.S.No.80 of 2021 before the Sub Court, Vedasandur for a relief of partition against the respondents 3 to 8. While so, the respondents 3 to 9 threatened the petitioner to evict from the house property and also gave a 2/6

life threat to her. In this regard, the petitioner lodged a complaint before the respondent police and the same was enquired into and closed. Again, the respondents 3 to 9 threatened the petitioner. Hence, she has filed the present petition before this Court.

3.The learned Government Advocate (Crl. side) submits that the petitioner sent a complaint on 30.10.2024 against her family members and her estranged husband, based on which CSR No.812 of 2024 has been assigned. He further submits that though the petitioner and the respondents 3 to 9 were called for enquiry, the petitioner alone had appeared on 09.11.2024. Thereafter, again the enquiry was posted on 30.11.2024 and the petitioner as well as the respondents 3 and 8 appeared for enquiry. In the enquiry, the second respondent police have advised the petitioner and the respondents 3 to 8, since it is a family dispute and property dispute, to resolve the issue amicably among themselves. He further submits that the enquiry is still pending.

4.The learned counsel for the petitioner, on instructions, submits that the petitioner is ready to appear before the second respondent police for enquiry on 13.12.2024.

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5.Considering the said undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the second respondent police for enquiry on 13.12.2024 and thereafter, the second respondent police to conclude the enquiry within a period of two months from 13.12.2024.

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

06.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No sji Note: Issue order copy on 11.12.2024 To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Gujiliamparai Police Station, Gujiliamparai, Dindigul District.

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

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M.NIRMAL KUMAR,J.

sji 06.12.2024 6/6