S.Murugaraj v. The District Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2018
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.29986 of 2018 1.S.Murugaraj 2.M.Bhuvaneswari ... Petitioners Vs.
1.The District Superintendent of Police, Perambalur District, Perambalur.
2.The Inspector of Police, Muruvathur Police Station, Kunnam Taluk, Perambalur District.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to provide police protection to the Petitioners live in the matrimonial home at No.4/45, Elango Nagar, Ayyalur Post, Perambalur Taluk, Perambalur District to secure the ends of justice.
For Petitioners :Mr.R.Sankarasubbu For Respondents :Mr.Mohamed Riyaz Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed seeking for direction to the respondents to provide police protection to the petitioners.
2. The petitioners are husband and wife. They have married under the Special Marriage Act on 15.12.2018 in the presence of elders and relatives in the locality.
3. The parents of the second petitioner and their relatives are now causing threat to the petitioners and they are bent upon breaking the marriage.
4. The petitioners have given a representation on 18.12.2018 to the respondents, seeking for police protection apprehending danger to their life. Since, no action has been taken on the representation made by the petitioners, the present petition has
been filed before this Court seeking for police protection.
5. The learned counsel for the petitioners relied upon the Judgment of the Hon'ble Supreme Court in Lata Singh Vs. State of U.P. and another reported in (2006) 5 SCC 475, wherein the Hon'ble Supreme Court has made it clear that no one can be subjected to any threat, harassment or violence, in the case of a inter-caste marriage and it is a freedom of adults to marry a person of once own choice out side one's caste. The said Judgment squarely applies to the facts of the present case. No one has a right to interfere with the life of the petitioners and the parents of the second petitioner does not have a right to cause threat to the petitioners.
6. The petitioners have already submitted a representation to the respondent police. The petitioners shall be present before the first respondent on 21.12.2018 and the first respondent shall immediately take action on the representation of the petitioners and call the parties for enquiry and instruct family members of the second petitioner, not to interfere with the life of the petitioners and cause threat to them. If inspite of the same, any threat or disturbance is caused to the petitioners, appropriate action may be taken against the concerned persons. The first respondent shall also provide sufficient police protection to the petitioners.
7. This Criminal Original Petition is disposed of with the above directions.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar lpp/vsa To 1.The District Superintendent of Police, Perambalur District, Perambalur.
2.The Inspector of Police, Muruvathur Police Station, Kunnam Taluk, Perambalur District.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Sankarasubbu, Advocate, S.R.No.89030 Crl.O.P.No.29986 of 2018 SSV(CO) GSP(20/12/2018)