LAWS(KER)-2010-11-82

RAJESH Vs. DEPUTY SUPERINTENDENT OF POLICE

Decided On November 15, 2010
RAJESH Appellant
V/S
DEPUTY SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) PETITIONERS have approached this Court seeking the following reliefs:

(2.) BRIEFLY put, the case of the petitioners is as follows. Petitioners' marriage arranged by their respective families is fixed to be held on 18.11.2010. About 2 = years back the Ist petitioner had a short stint of platonic love affair with the 4th respondent while both were employed in an establishment. But, the Ist petitioner backtracked realising that the 4th respondent is elder than him and belongs to a different caste. The Ist petitioner belongs to Viswakarma caste whereas the 4th respondent is a Hindu Pulaya. On coming to know about the Ist petitioner's marriage with the 2nd petitioner, the 4th respondent lodged a complaint to the Ist respondent who in turn summoned the Ist petitioner and directed him either to marry the 4th respondent or to pay Rs.1 lakh. The Ist respondent took such a stand owing to the influence of local leaders of BJP of which the 4th respondent is an active worker. The Ist petitioner did not meet the demand. It is stated that the Ist respondent warned the petitioner that if the direction is not obeyed, he will be implicated under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act). Apart from the threat of false implication in criminal cases petitioners are threatened by respondents 4 and 5 as well as by the workers of the political party. It is stated that they have declared that they will not allow the marriage to take place.

(3.) LEARNED counsel for the petitioners submits that an order has been passed by this Court in B.A.No.7475/2010 to the effect that the Ist petitioner will not be arrested till 25.11.2010.