C.Thannsasi Durai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4880 of 2016 C.Thannasi Durai ... Petitioner vs.

1.The Superintendent of Police Dindigul District, Dindigul 2.The Inspector of Police Palani Town Police Station Dindigul District 3.The Inspector of Police All Women Police Station Palani Dindigul District 4.Alagarsamy ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the third respondent not to harass the petitioner in the pretext of interrogation based on foisted complaint of the fourth respondent.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.A.P.Balasubramani G.A.(Crl.Side) for R1 to R3

O R D E R

The petitioner has filed this criminal original petition, under Section 482 Cr.P.C., seeking direction upon the third respondent not to harass him, in the pretext of interrogation, on the basis of the complaint lodged by the fourth respondent.

2. Heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) for the respondents 1 to

3. It is the case of the petitioner that he is a Dalith and his son Kishorekumar is in love with one Sangeetha, daughter of Alagarsamy / fourth respondent herein, who belongs to an upper caste Hindu. Both of them have attained the age of majority. Kishorekumar has eloped with Sangeetha, on account of which

Alagarsamy / fourth respondent has lodged a complaint before the respondent Police. It is alleged by the petitioner that the respondent Police are harassing him, at the instance of the fourth respondent, under the guise of enquiry.

4. Since the marriage between Kishorekumar and Sangeetha is an inter-caste marriage, on 31.03.2016, when the matter came up for hearing, this Court directed the Inspector of Police, All Women Police Station, Palani / third respondent herein to be present before this Court today and file a status report. Pursuant to the said direction, today, T.Suriyakala, Inspector of Police, All Women Police Station, Palani, Dindigul District, is present before this Court and filed a counter affidavit, wherein it is stated that on the complaint lodged by Alagarsamy / fourth respondent herein, the Inspector of Police, Palani Town Police Station, Dindigul District / second respondent herein registered a case, in Crime No.266 of 2016, under Sections 342, 498(A) I.P.C., and Section 4 of T.N.P.W.H.Act, against the said Kishorekumar and others. During the course of investigation, Sangeetha and Kishorekumar appeared before the second respondent and stated that she has gone with Kishorekumar on her own volition and therefore the case, in Crime No.266 of 2016, has been closed as "action dropped".

5. The learned counsel for the petitioner submitted that Alagarsamy / fourth respondent lodged yet another complaint before the Superintendent of Police, Dindigul District / first respondent and the same was forwarded to the Inspector of Police, All Women Police Station, Palani / third respondent herein.

6. In this connection, T.Suriyakala, Inspector of Police, submitted that the subsequent complaint lodged by the fourth respondent has also been closed on 19.03.2016 and that the respondent Police will not entertain any complaint from the fourth respondent Alagarsamy in respect of this incident. 7.

In the light of Lata Singh vs. State of U.P. & another, reported in 2006 (5) SCC 475, the Superintendent of Police, Dindigul District / first respondent herein is directed to ensure that sufficient protection is given to the petitioner and the Udumalpet incident does not recur once again. 8.With the above directions, this criminal original petition is closed.

Sd/ Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar/

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Palani Town Police Station, Dindigul District.

3.The Inspector of Police, All Women Police Station, Palani Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s. T.LeninKumar Advocate in SR.No.18385 SDR/AN-MP/12.04.2016/3p/6c Crl.O.P.(MD) No.4880 of 2016