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Madras High CourtCRL OP(MD)/22942/2013dismissed

D.Gowsalya v. The Director General Of Police

2018-03-23Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2018

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.22942 of 2013 D.Gowsalya ... Petitioner Vs.

1.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

2.The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.

3.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

4.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

5.The Inspector of Police, Vangal Police Station, Karur District.

6.K.Subramani 7.Nataraj 8.Siva 9.Subramani 10.Rajendran 11.Senthil 12.Palani 13.Saravanan 14.The Proprietor, (name not Known) Sri Ramakrishnan Finance, Near Thinnappa Theatre, Karur District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.1 to 5 to provide adequate police protection to the petitioner, her husband and her family members by considering the representation dated 11.12.2013.

For Petitioner : Mr.R.Alagumani For RR 1 to 5 : Mr.A.Robinson Government Advocate (Criminal side) For RR 6 to 14 : No appearance

O R D E R

The petitioners herein is the resident of Manmangalam village, Karur District. This application has been filed by the petitioner to provide adequate police protection to the petitioner, her husband and her family members by considering the representation, dated 11.12.2013.

2. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents 1 to 5 and perused the records.

3. Now, on going through the representation made by the petitioner, dated 11.12.2013, it discloses that the petitioner is running a Lorry transport in the name of SMT Transport through which she transported the ration materials from one place to another place. In order to run the business, the petitioner availed loan from various persons after pledging the documents pertaining to the Lorry, which was owned by her. In the meantime, due to the strike happened in Tamil Nadu Civil Supplies Corporation, the petitioner did not able to get income from the business. Thereby, she has not repaid the loan amount, even the interest was not paid, due to which the financiers, who advanced the amount to the petitioner threatened her for put her signature in empty stamp papers and stolen away the Lorry bearing Registration No.TN-47Q-7779.

Further, they are attempted to grab the property, which are all owned by the family of the petitioner. In the said representation, which was sent to the respondents 1 to 5 before filing this petition, the petitioner did not disclose anything about the loan amount and the name of the financiers, who advanced the said amount. Accordingly, the petitioner had sent a representation without mentioning any particulars that from whom the threatening calls came. Now, after numbering the application, this Court ordered to issue notice to the respondents and thereafter on 26.11.2016, itself obtained a certificate from the Village Administrative Officer, Manmangalam village, in which he certified that the petitioner, who is having the petition mentioned address is not residing in the said Manmangalam Village.

So, culminating the entire facts and circumstances shows, as of now, the whereabouts of the petitioner is not known. Moreover, the learned counsel appearing for the petitioner does not say anything about the threat made by the financiers from the year of 2013 to till date.

4. Accordingly, the reasons submitted by the petitioner for availing the relief by way of this petition is not substantiate with the documents which are all necessary to hold the case of the

petitioner. Thereby, for the foregoing reasons stated above, this Court came to the conclusion that this petition is not having any merits and hence, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

2.The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.

3.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

4.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

5.The Inspector of Police, Vangal Police Station, Karur District.

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

Crl.O.P.(MD)No.22942 of 2013 23.03.2018 PJL MS/SKN-RSK/SAR-3/17.04.2018/3P.7C