The Madurai Bench held that police protection orders typically enforce civil decrees. Since the petitioner has such a decree, she must file an execution petition. As an effective alternative remedy exists, the petition stands closed.
Criminal original petition is closed. No order of police protection was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 CRL.O.P.(MD)NO.10913 OF 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.01.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.10913 of 2016
Jeevarathinabai
... Petitioner
Vs.
The Sub Inspector of Police,
Palavoor police station, Tirunelveli District.
Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct respondents 1 and 2 to provide adequate police protection for the life and limb to the petitioner herein to reside in her house peacefully at Door No.2/175, 176, Jacopuram Village, Palavoor Via, Radhapuram Taluk, Tirunelveli District forthwith based on the petitioner's representation dated 02.02.2016.
For Petitioner : Mr.S.Palani Velayutham For R-1 & R-2 : Mr.A.Robinson,
Government Advocate(Crl. Side).
O R D E R
This criminal original petition has been filed seeking police protection.
1/3
2 CRL.O.P.(MD)NO.10913 OF 2016
by instituting appropriate proceedings. Since the petitioner is having an effective, alternative remedy, leaving open the same, the criminal original petition stands closed.
| Sd/- | ||
|---|---|---|
| Ass // True Copy // |
istant Registrar (CS-II) | |
Sub |
/ /2020 Assistant Registrar(CS) |
|
| pm | u | |
| To: | ||
| 1. |
The Superintendent of Police, Tirunelveli District, Tirunelveli. |
|
| 2. |
The Sub Inspector of Police, Palavoor police station, Tirunelveli District. |
|
| 3. |
The Additional Public Prosecutor, Madurai Bench of Madras High Court, |
Madurai. |
| Crl.O.P.(MD)No.10913 of 2016 22.01.2020 |
VB(05.06.2020) 2P 4C
2/3
1 issue framed by the court
Whether a criminal original petition for police protection can be entertained when the petitioner has an effective alternative civil remedy available.
Jeevarathinabai
The Superintendent of Police, Tirunelveli District
The State rep. by The Sub Inspector of Police, Palavoor police station
Meena
Vino Devadoss
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
