J.Mohana Sakthi vs The State
2022 Latest Caselaw 15458 Mad

                                                                               Crl.O.P.No.22425 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 16.09.2022

                                                           CORAM

                                  THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN

                                               Crl.O.P.No.22425 of 2022

                     J.Mohana Sakthi                                           ... Petitioner

                                                             Vs
                     1. The State,
                        Represented by the Inspector of Police,
                        T-14, Mangadu Police Station,
                        Mangadu, Chennai.

                     2. K.Thangalakshmi
                     3. S.Kamaraj                                              ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to
                     direct the respondent to give protection to life and limp of the petitioner by
                     considering the police complaint dated 07.08.2022 in the above case.

                                          For Petitioner     : Mr.C.Gopinath

                                          For Respondents : Mr.S.Santhosh,
                                                            Government Advocate (Crl.Side)
                                                            (for R1)




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                      Crl.O.P.No.22425 of 2022



                                                              ORDER

This petition has been filed to direct the respondent to give protection

to life and limp of the petitioner by considering the police complaint dated

07.08.2022.

2. On receipt of the complaint from the petitioner, the first respondent

issued C.S.R.No.1546 of 2022, the first respondent after issuance of notice

to the petitioner and the second and third respondents conducted enquiry

and the same was closed on 08.08.2022. That apart, the petitioner also filed

a petition for restitution of conjugal rights in H.M.O.P.No.476 of 2021 on

the file of the Family Court, Chennai and subsequently, the said petition was

dismissed as withdrawn. Further, the husband of the petitioner also filed a

petition for restitution of conjugal rights in H.M.O.P.No.17 of 2021 and the

same was allowed by the judgment and decree dated 16.11.2021.

3. In view of the above facts and circumstances of the case, the

direction sought for in this petition cannot be considered. However, the

petitioner is at liberty to file a fresh complaint on fresh cause of action.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22425 of 2022

4. Accordingly, this Criminal Original Petition is dismissed.

16.09.2022 Index:Yes/no Speaking/non speaking order kv

To

1. The Inspector of Police, T-14, Mangadu Police Station, Mangadu, Chennai.

2. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22425 of 2022

G.K.ILANTHIRAIYAN. J,

kv

Crl.O.P.No.22425 of 2022

16.09.2022

https://www.mhc.tn.gov.in/judis