J.Arockia Varkeesh v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.3300 of 2020 J.Arokia Varkeesh ....Petitioner Vs.

1.The Deputy Commissioner of Police St. Thomas Mount, Chennai 600 016.

2.The Inspector of Police Nandambakkam Police Station Chennai 600 089.

3.Gunasekaran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order, directing the second respondent herein viz., the Inspector of Police, Nandambakkam Police Station, Chennai to give Police Protection to the petitioner herein, his wife G.Nisha and his family members by considering the representation sent by the petitioner herein to the respondents on 06.02.2020.

For Petitioner : Mr.T.Ramachandran For Respondents : Mr.M.Mohamed Riyaz 1 and 2 Additional Public Prosecutor

ORDER

This petition has been filed to direct the second respondent to give police protection to the petitioner, his wife and his family members.

2. The learned counsel for the petitioner has submitted that the petitioner and one G.Nisha loved each other and got married on 05.02.2020 in a Vinayagar Temple at Salem. He further submitted that the father of the said G.Nisha namely,

Gunasekaran/third respondent has lodged a complaint before the Namakkal Police Station and based on the same, the police are searching the whereabouts of the petitioner and his wife G.Nisha. Though they are in Chennai and they are in safe, their lives are in danger at the hands of the parents of his wife G.Nisha. The petitioner has submitted that a representation before the second respondent on 06.02.2020 seeking police protection but, sofar no action has been taken on the said representation and therefore, he prayed to direct the second respondent to give police protection to the petitioner and his family members.

3. The learned Additional Public Prosecutor who is appearing for the respondents 1 and 2 has submitted that the third respondent has lodged a complaint stating that the petitioner herein has eloped with his daughter G.Nisha and after receipt of the said complaint, a preliminary enquiry was conducted and it was found that the daughter of the third respondent had attained majority and she voluntarily went with the petitioner and hence, the said complaint was closed on 16.02.2020. He further submitted that since the complaint which was lodged by the third respondent has already been closed, there is no necessity to give police protection to the petitioner and his family members.

4. Considering the aforesaid submissions, the second respondent is directed to conduct an enquiry on the petitioner's representation dated 06.02.2020 by giving an opportunity to the petitioner to put forth his case and dispose of the same within a week in accordance with law.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(J) // True Copy// Sub Assistant Registrar dna To 1.The Deputy Commissioner of Police St. Thomas Mount, Chennai 600 016.

2.The Inspector of Police Nandambakkam Police Station Chennai 600 089.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Ramachandran, Advocate, SR.No.12916. CRL.O.P.No.3300 of 2020 CSR: 16.03.2020