M.Sudharsan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.13885 of 2016 1.M.Sudharsan 2.R.Rinisha ... Petitioners Vs.

State rep by 1.The Commissioner of Police, Poonamallee High Road, Chennai.

2.The Inspector of Police, Hudco Police Station, Hosur.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 1st respondent to register the representation dated 29.06.2016 given by the 2nd petitioner as a complaint and give protection to the petitioners to enable them to record their statements regarding their marriage and thereby enable closure of the complaint pending on the file of the 2nd respondent.

For Petitioners : Mr.Manoj Sreevalsan For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 1st respondent to register the 2nd petitioner's complaint dated 29.06.2016 and give protection to the petitioners to enable them to record their statements regarding their marriage and thereby enable closure of the complaint pending on the file of the 2nd respondent.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that the petitioners belonged to different community were in love and they got married on 23.06.2016 against the wishes of their parents. The petitioners apprehend that the members of the 2nd petitioner's family would cause harm to them.

4. In Lata Singh Vs State of Uttarpradesh and another [2006] 5 SCC 475, the Hon'ble Supreme Court has directed that the instrumentality of State should encourage intercaste marriages and the Police would give sufficient protection to such couples.

5. It is seen that the 1st petitioner is a Dalit and the 2nd petitioner belongs to Hindu OBC. Learned counsel for the petitioners submitted that the petitioners are now residing in Ambattur.

6. Under such circumstances, this Court directs the petitioners to appear before the Deputy Commissioner of Police, Anna Nagar and lodge a written complaint in-person and on such complaint being given, the Deputy Commissioner of Police, Anna Nagar shall ensure that protection is accorded to the petitioners for their life and liberty.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gya To 1.The Commissioner of Police, Poonamallee High Road, Chennai.

2.The Deputy Commissioner of Police, Anna Nagar, Chennai.

3.The Inspector of Police, Hudco Police Station, Hosur.

4.The Public Prosecutor, High Court, Madras.

+2cc's to Mr.Manoj Sreevalsan, Advocate, S.R.No.36968 Crl.O.P.No.13885 of 2016 BVR(CO) CA(01/07/2016) https://hcservices.ecourts.gov.in/hcservices/