Madras High CourtCRL OP(MD)/2194/2016disposed of

V.Karthika v. The Commissioner Of Police

2016-02-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2194 of 2016 V.Karthika ... Petitioner vs.

1.The Commissioner of Police Madurai City 2.The Inspector of Police Avaniapuram Police Station Avaniapuram, Madurai 3.Chellathurai 4.K.Selvi Sub Inspector of Police Tenkasi Police Station Tirunelveli District 5.Shanmugavel Sub-Inspector of Police (Special) Tenkasi Police Station Tirunelveli ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the respondents 1 and 2 to give adequate police protection for the life and limb of the petitioner, her husband and her family members. For Petitioner : Mr.K.Chengizkhan For R1 & R2 : Mr.K.V.Rajarajan Govt. Advocate (Crl. Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to give adequate police protection to her, her husband and her family members.

2. It is seen that the petitioner got married to one Vinothkanna and it is an inter-caste marriage. Their marriage has also been registered, on 15.03.2013, as Marriage Serial No.87 of 2013, in the Sub-Registrar's Office at Chokkikulam. The petitioner left her parental home and now lives with her husband in Avaniapuram, Madurai, within the jurisdiction of the second respondent Police. Her father / third respondent herein had lodged a girl missing complaint, which is now pending and based on which, a case in Crime No.22 of 2016 has been registered by Tenkasi Police Station and investigation is pending. Whileso, the petitioner has surrendered before the second respondent and also gave a complaint seeking police protection.

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3. In Lata Singh vs. State of U.P. & another, reported in 2006 (5) SCC 475, the Hon'ble Supreme Court has categorically held that it is the duty of the State to provide adequate protection to the couple, who have entered into inter-caste marriage.

4. Under such circumstances, this Court directs the petitioner Karthika and her husband Vinothkanna to appear before the Deputy Commissioner of Police, Madurai City, and submit an application seeking police protection and on such application being given by them, the Deputy Commissioner of Police, Madurai City, is directed to enquire into the matter and offer sufficient protection to the petitioner and her husband. Further, the Inspector of Police attached to Tenkasi Police Station, is directed to inform the third respondent that the petitioner is living with her husband Vinothkanna in Avaniapuram, Madurai, and close the case in Crime No.22 of 2016.

5.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To:

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Avaniapuram Police Station, Avaniapuram, Madurai.

3.The Sub Inspector of Police, Tenkasi Police Station, Tenkasi.

4.The Sub Inspector of Police(Special) Tenkasi Police Station, Tirunelveli District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.K.Chengizkhan,Advocate Sr No.7556 Crl.O.P.(MD) No.2194 of 2016 08.02.2016 rg.NGM-SS/SAR-II 08.02.2016 2P/7C https://hcservices.ecourts.gov.in/hcservices/