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Madras High CourtCRL OP/13723/2020allowed

Saravanan @ Balaji v. The Inspector Of Police

2020-09-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13723 of 2020 1.Saravanan @ Balaji S/o Appaji 2.Rihana Parveen W/o Saravanan @ Balaji Both are residing at No.1A, Mahalakshmi Street F4, Ashok Ashtalakshmi Enclave East Tambaram Chennai - 600 059.

... Petitioners Vs.

1.The Inspector of Police S-15, Selaiyur Police Station Chennai - 600 059.

2.A.Shahul Hameed S/o Abdul Qudhose The President, Islamic Seva Sangam MMC Colony Avaniyapuram Madurai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent to provide police protection to the petitioners and the 1st petitioner's family members based on the complaint in C.S.R.No.632/2020 dated 21.08.2020.

For Petitioners: Mr.G.Balamanikandan For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor for R1

O R D E R

The Criminal Original Petition has been filed to direct the 1st respondent to provide police protection to the petitioners and the 1st petitioner's family members based on the complaint in C.S.R.No.632/2020 dated 21.08.2020.

2.The learned counsel for the petitioner would submit that the petitioners fell in love with each other and got married on 20.08.2020 at Kundrathur Murugan Temple. The 1st petitioner is Hindu and 2nd petitioner is Muslim. Therefore, parents of the 2nd petitioner, namely the 2nd respondent herein threatened the petitioners with dire consequences and also tried to do away the life of the petitioners. Thereby the 2nd petitioner lodged complaint as against her parents and the same was registered in CSR No.632 of 2020 on 21.08.2020. Even then, the 1st respondent did not provide police protection to the petitioners and as such they are not staying in the address mentioned in the petition and also they are roaming around the city.

3.The learned Additional Public Prosecutor would submit that on the complaint lodged by the 2nd respondent herein before the Inspector of Police, Avaniyapuram, Madurai, has been registered in Crime No.210 of 2020 under "Girl missing". While being so, the 2nd petitioner eloped with the 1st petitioner and they got married on 20.08.2020. On receipt of the complaint from the 2nd petitioner, the 1st respondent registered the case and issued with CSR No.632 of 2020 and in further, the respondent police is ready to give police protection to the petitioners herein, since they got married and belong to different religion. He would further submit that when the 1st respondent visited the address given in the petition, the 1st respondent police did not find the petitioners and their whereabouts also not known by the respondent police. 4.Considering the above facts and submissions made by either side, this Court is inclined to direct the 1st respondent to provide police protection to the petitioners in the place of their residence, mentioned in the petition.

5.Accordingly, the Criminal Original Petition is allowed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Jer To 1.The Inspector of Police S-15, Selaiyur Police Station Chennai - 600 059.

2.The Public Prosecutor High Court of Madras.

Crl.O.P.No.13723 of 2020 PP(CO) GN(19/10/2020)