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Madras High CourtCRL OP/16421/2016closed

Raghunath 22 Years v. The Superintendent Of Police

2016-07-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.OP.No.16421 of 2016 1.Raghunath 2.Meena ... Petitioners Vs 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Harur Police Station, Dharmapuri District.

... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to give police protection to the petitioners to live peacefully in the village at Sakkulipatti Village, Harur Taluk, Dharmapuri District.

For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to give police protection to the petitioners to live peacefully in the village at Sakkulipatti Village, Harur Taluk, Dharmapuri District.

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

3. It is seen that the 1st petitioner belongs to Dalit community and the 2nd petitioner belongs to Vanniyar community and they got married on 19.05.2016. The father of the 2nd petitioner filed HCP.No.1085 of 2016 and the 2nd petitioner was produced before the Division Bench of this Court on 05.07.2016 https://hcservices.ecourts.gov.in/hcservices/

and at the time of question by the Court, the 2nd petitioner has stated that she has got married to the 1st petitioner and has been living happily with him. Under such circumstances, the petitioners approached this Court for Police protection.

4. Mr.Sankarasubbu, learned counsel for the petitioners submitted that HCP.No.1085 of 2016 was dismissed on 05.07.2016.

5. In Lata Singh Vs State of Uttarpradesh and another [2006] 5 SCC 475, the Hon'ble Supreme Court has held that the instrumentalities of State should encourage intercaste marriage. It is apprehended by the petitioners that there is likelihood of honour killing and therefore, the petitioners have sent a representation dated 05.07.2016 to the Superintendent of Police, Dharmapuri District and to the Inspector of Police, Harur Police Station by registered post.

6. In view of the law laid down by the Hon'ble Supreme Court as afore stated, the petitioners are directed to go inperson and lodge a fresh complaint before the Superintendent of Police, Dharmapuri District and on such complaint being lodged, the same shall be enquired into and the petitioners be provided sufficient protection for their life. With the above direction, this petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gya To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Harur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.R.Sankarasubbu, Advocate, S.R.No.43763 Crl.OP.No.16421 of 2016 PPA(CO) CA(23/08/2016) https://hcservices.ecourts.gov.in/hcservices/