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1990 DIGILAW 503 (MAD)

M. Z. NAWAZ KHAN v. THE COMMISSIONER OF POLICE

1990-07-13

JANARTHANAM

body1990
Judgment : JANARTHANAM, J. ( 1 ) THE petitioner one M. Z. Nawaz Khan is carrying on business of auto mechanics in the name and style of Nawaz Auto Checkst at No. 35, Halls Road, Fgmore, Madras. He has two sons and one daughter. One Ameen Nawaz Khan is his eldest son and he is assistant him, after studying B. Com. , Course in the New College His second Son, aged 23 years, is a freelance cinema camera Assistant His daughter, aged 20 years, is doing her Secretarial Course in Kothari Academy, Kilpauk. ( 2 ) THE second sons marriage is scheduled to take place on 15-7-1990. The petitioner apprehension danger to his family members at the hands of the respondents 2 -and 3, Inspector of Police and Sub Inspector of Police respectively attached to E-3 Teynampet Police Station, Madras 18. Therefore, he seeks direction to be issued to the first respondent, the Commissioner of Police to give police protection to himself and the members of his family to celebrate the marriage peacefully and prevent the second and third respondents and their men from harassing the petitioner and his family members. ( 3 ) ONE Suparna Rekba, alleged minor daughter of Mr. V. Bangaru, appears to have been kidnapped by Ameen Nawaz Khan, the eldest son of the petitioner, who married heron 6-7-1990, at Big Mosque, Triplicane, after converting her into Islam and changing her name as Aysha Begum. The father of the girl appears to have given a complaint to the police and the second and the third respondents are investigating the same. In that connection, it appears that the petitioner and his family members were interrogated as to the where abouts of the said Ameen Nawaz Khan. This appears to have infuriated the petitioner and his family members. It appears to be the contention of the petitioner that the girl Supwoa Rekha is major and that the marriage of that girl with his son Ameen Nawaz Khan cannot at all be questioned by anyone inclusive of her father and therefore, there is no question of himself and his family members being harassed by the police. ( 4 ) THE age of the girl is a disputed question of fact. The police has to make necessary investigation to find out the age of the girl. ( 4 ) THE age of the girl is a disputed question of fact. The police has to make necessary investigation to find out the age of the girl. Initially, they have to go with the investigation, with the age as given by the father of the girl as complainant and if they are satisfied by tracing out the relevant records that the girl is major, it is very well open to the police to file a negative report. That does not mean that the police officers have no powers to investigate the matter by interrogating the persons said to have been connected with the crime. If they transgress their permissible limits of investigation, in the sense of torturing or keeping any person under illegal confinement, law will take its own course, on due complaint, if any, to be made in that regard. In this view of the matter no direction as sought for by the petitioner need be given. ( 5 ) THE petition istherefore dismissed Petition dismissed.