M.Banu Priya v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Banu Priya W/o.Mohan

...Petitioner

Vs 1.The State represented by Inspector of Police, J-13 Police Station, Tharamani, Chennai - 600 118.

2.The Commissioner of Police, The Office of the Commissioner of Police, Vepery, Chennai - 600 007.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondent not to harass the petitioner in the guise of an enquiry in respect of Deepavali Fund Subscription.

For Petitioner : Mr.A.Balaji For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner in the guise of an enquiry in respect of Deepavali Fund Subscription.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing on behalf of respondents.

3. Learned Additional Public Prosecutor appearing for the respondents submits that on the complaint given by the de facto complainant against the petitioner, petition enquiry is pending in CSR No.1138 of 2023 on the file of the first respondent.

4. The petitioner is directed to co-operate with the police for enquiry and at the time of conducting the enquiry, the petitioner shall not be harassed by the police. The police cannot call the petitioner on a regular basis in the guise of enquiry without even registering an FIR and the Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353 has enumerated the nature of cases 2/4

where preliminary enquiry can be conducted and has also restricted the period, for which preliminary enquiry can be conducted. During the course of enquiry, if any cognizable offence is made out, the respondents are free to register an FIR and this order shall not be a shield for the petitioner against the respondents proceeding to take action in accordance with law. With the above direction, this Criminal Original Petition is disposed of.

24.01.2024 Index : Yes/No Speaking order:Yes/No gm To 1.The Inspector of Police, J-13 Police Station, Tharamani, Chennai - 600 118.

2.The Commissioner of Police, The Office of the Commissioner of Police, Vepery, Chennai - 600 007.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 24.01.2024 4/4