Madras High CourtCRL OP(MD)/15155/2020disposed of

Prakash v. The Superintendent Of Police

2020-12-18Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Prakash ... Petitioner vs.

1.The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, Puththanatham Police Station, Puththanatham, Trichy District.

3. Vellaisamy ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to give adequate police protection to the petitioner and his family members on the basis of the petitioner's representation dated 14.12.2020. For Petitioner : Mr.T.Vadivelan For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor(crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to give adequate police protection to the petitioner and his family members on the basis of the petitioner's representation dated 14.12.2020.

2. The learned counsel for the petitioner would submit that the petitioner and the daughter of the 3rd respondent have love affair and since they belong to different community, their parents did not accept for their marriage. Hence, they decided to perform their marriage at their own and on 11.12.2020 they did so. The grievance of the petitioner is that the parents of the petitioner's wife are harassing the petitioner and his family members and threatening the petitioner. Hence, the petitioner gave a detailed representation dated 14.12.2020 to the second respondent, seeking police protection. Since no action has been taken by them, the petitioner is before this Court, with this present Criminal Original petition.

3.The learned Additional Public Prosecutor(Crl.side) appearing on behalf of the respondents 1 & 2, on instructions, would submit that the petitioner's representation has been received and 1/3

CSR No.400/2020 has been assigned on 15.12.2020 and the enquiry is pending.

4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 &2. Since no adverse order is going to be passed, notice to the 3rd respondent is dispensed with. 5.Recording the above submission made by the learned Additional Public Prosecutor(Crl.side), without going into the merits of the case, the respondents 1 & 2 are directed to consider and pass orders on the petitioner's representation dated 14.12.2020 after giving opportunity to the 3rd respondent, by following the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and take appropriate action in the manner known to law, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

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

2. The Inspector of Police, Puththanatham Police Station, Puththanatham, Trichy District.

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

ORDER MADE IN DATED : 18.12.2020 PU(CO) NR (01/02/2021) 3P : 4C 3/3