IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.11.2023 CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.26001 of 2023 S.Nallasivam ... Petitioner Vs.
1. The Superintendent of Police, Tirupur District, Tirupur – 641 604.
2. The Inspector of Police, Vellakoil Police Station, Vellakoil, Kangeyam Taluk, Tirupur District.
3. Deepa
4. Sivakumar ...Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondents 1 and 2 to grant police protection to the petitioner and his family members and safeguard their life and liberty to dwell in the residential house situated at Door No.244/A, Amaravathi Nagar, Sivanathapuram, Vellakoil, Kangeyam Taluk, Tiruppur District and at Door No.342/1, Balasamudram, Kalipalayam Road, Perumanallur, Avanashi Taluk, Tiruppur District from respondents 3 to 6 and their men by considering the petitioner's complaint dated 27.10.2023 made to the 1st respondent.
For Petitioner : M/s.Thangavel For R1 & R2 : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
O R D E R
Petitioner herein and 3rd respondent herein are husband and wife. Due to matrimonial dispute, they are livimg separately.
2. Petitioner has initiated divorse proceedings before the Sub Court in H.M.O.P.No.60 of 2021 and the same is pending. Whileso, 3rd respondent had initiated the maintenance case in M.C.No.09 of 2022 on the file of Judicial Magistrate, Kangeyam alleging that, 3rd respondent and her henchmen frequently disturbing the peace of the petitioner and his mother. Present petition is filed seeking police protection. To substantiate the prayer, petitioner has enclosed his earlier complaint given to the Police in C.S.R.No.226 of 2022 dated 29.10.2022, which was registered regarding felling of trees by the 3rd respondent. C.S.R.No.184 of 2023 was registered on 28.06.2023 regarding the quarrel with him by the 3rd respondent. The third complaint by the petitioner was registered in C.S.R.No.556 of 2023 by the Perumanallur Police Station, Avinashi on 23.10.2023 alleging that 3rd respondent has damaged his car parked in his appartment. That apart, same complaints were given by the mother of the petitioner also about the unruly behaviour of the 3rd respondent.
3. The learned Government Advocate (Crl. Side) admits the receipt of the complaint but states that, being the matrimonial dispute, parties were adviced to settle the dispute before the competent Court and therefore no cohersive steps were taken.
4. Considering the fact that there is a specific allegaion of damaging the property and attempt of life threat was made even after advice given by the Police, this Court directs the respondent police to register the complaint which are taken as C.S.R and conduct investigation in accordance with law and also in case any police protection is required to the protection and his mother same may be provided if situation warrans.
5. Accordingly, this Criminal Original Petition is disposed of.
21.11.2023 Index : Yes/No Neutral Citation : Yes/No Sma Dr.G.JAYACHANDRAN,J.
Sma To:
1. The Superintendent of Police, Tirupur District, Tirupur – 641 604.
2. The Inspector of Police, Vellakoil Police Station, Vellakoil, Kangeyam Taluk, Tirupur District.
3. The Public Prosecutor, Madras High Court.
Crl.O.P.No.26001 of 2023
21.11.2023
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