Afana @ Anju Nivethaa v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 23-09-2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.13474 of 2013 Afana @ Anju Nivethaa .. Petitioner Vs 1.The Director General of Police Chennai.

2.The Commissioner of Police Coimbatore.

3.The Inspector of Police B-14, Kuniyamuthur Police Station Coimbatore.

4.The Inspector of Police B-7, Puliakulam Police Station Coimbatore.

5.The Inspector of Police B-6, Peelamedu Police Station Coimbatore.

6.Kumar ... Respondents Prayer : The writ petition is filed to issue a Writ of Mandamus, directing the respondents to take action on the complaint, dated 20.4.2013 and to give police protection to the petitioner and the husband of the petitioner.

For Petitioner : M/s.V.Babu For Respondents Nos.1 to 5 : Mr.K.Rajendra Prasad Govt. Advocate For Respondent No.6 : No appearance

O R D E R

Heard.

2. This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents to take an action on the complaint, dated 20.4.2013, and to give police protection to the petitioner and her husband.

3. The petitioner has stated that the petitioner was living with her parents, at Door No.202, West Bury Road, Finger Post, Uttakamand. While so, she had fallen in love with one Suhail, son of Alaudeen. The parents of the petitioner, after coming to know about the affair, between the petitioner and the said Suhail, had warned and threatened her with dire consequences. Thereafter, the petitioner, as well as the said Suhail, had come to Chennai, and they had got married and had also signed in the contract of marriage.

4. It has also been stated that the petitioner herself has converted to Islam and changed her name, as Afana.

5. In such circumstances, the respondents 3 to 5 had threatened the petitioner, saying that they would not allow the petitioner to live with the said Suhail, peacefully. Therefore, the petitioner had lodged a complaint, before the first respondent, on 20.4.2013. However, as no action had been taken by the first respondent, she has preferred the present writ petition, before this Court, under Article 226 of the Constitution of India.

6. A counter affidavit has been filed by the fourth respondent, dated 28.4.2013, stating that the petitioner had presented a petition before the Director General of Police, Chennai, on 20.4.2013, seeking protection, from the respondents 3 to 5. However, at the time of enquiry, in Cr.No.391 of 2013, she had filed a written statement, dated 27.4.2013, stating that she had no apprehension of any danger from her parents and when she was produced before the Magistrate concerned, she had not made any statement against her parents. However, the mother of the petitioner, had given a written statement, dated 29.4.2013, stating that the parents of the petitioner would not cause any harm to the petitioner and her husband, in any manner. Therefore, the complaint made by the petitioner had been closed, as no further action was necessary.

7. In view of the submissions made by the learned counsel, appearing on behalf of the respondents 1 to 5, and in view of the averments made in the counter affidavit filed by the fourth respondent, this Court is of the view that no further orders are necessary, in the present writ petition.

Hence, the present writ petition stands closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Director General of Police Chennai.

2.The Commissioner of Police Coimbatore.

3.The Inspector of Police B-14, Kuniyamuthur Police Station Coimbatore.

4.The Inspector of Police B-7, Puliakulam Police Station Coimbatore.

5.The Inspector of Police B-6, Peelamedu Police Station Coimbatore.

+1 cc to Gover Pleader Sr.54658,54468 Writ Petition No.13474 of 2013 co(trm) cp 21/10/2016