V.V.Swaminathan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.11098 of 2015 V.V.Swaminathan ... Petitioner Vs State rep. by The Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent police to register the case on the petitioner's complaint dated 02.02.2015, investigate the same and to file a final report. For Petitioner : Mr.R.Sagadevan For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

Seeking a direction to the respondent police to register the case on the petitioner's complaint dated 02.02.2015, investigate and to file a final report, the above petition has been filed.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. The petitioner herein is a former Member of Parliament and was a State Minister. He had lodged a complaint dated 29.01.2015 before the Deputy Superintendent of Police, Chidambaram alleging that child marriages are

being performed in Chidambaram by Dikshithars, which is against the provisions of Prohibition of Child Marriage Act, 2006.

4. It is the grievance of the petitioner that neither the local administration nor the police are taking any effective steps for preventing the same. It is true that after coming into force of the said Act, child marriages have been declared as cognizable offence and it is the duty of the State to prevent the same. The petitioner has given a list of names of persons who appear to have undergone child marriage in Chidambaram and he is seeking a direction to take action against them. However, noble and laudable the motive may be, this Court should be very slow in interfering with the sensitive aspects of citizens and an omnibus direction cannot be given to the police to take action against all the persons who had undergone such marriage earlier, because that would lead to serious problem.

5. Under such circumstances, this Court directs the district administration and the Deputy Superintendent of Police, Chidambaram to diligently implement the provisions of Prohibition of Child Marriage Act, 2006 in the future and take all possible steps to prevent such marriages. As and when the petitioner lodges a complaint in future, the same shall be enquired into, if any child marriage takes place to stop the same.

6. With the above observation, this Criminal Original Petition is closed.

gya s/d- Assistant Registrar(LA) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

3.The Collector, Cuddalore District.

4.The Superintendent of Police, Cuddalore.

+ 1 cc to Mr.R.Sagadevan, Advocate SR 28773 sr(co) prk25/6 CRL.OP.No.11098 of 2015