Madras High CourtCRL OP/556/2021disposed of

Rajasekar v. The Deputy Commissioner Of Police,

2021-01-20Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl. OP No.556 of 2021 Rajasekar ... Petitioner vs.

1. The Deputy Commissioner of Police, St. Thomas Mount (Range), Chennai.

2. The State by Inspector of Police, Shankar Nagar Police Station, Pammal, Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent herein to not to harass the petitioner.

For Petitioner : Mr. B.Ramar For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to direct the Respondents not to harass the Petitioner and his family members in the name of enquiry without due process of law.

2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 3.The learned Additional Public Prosecutor appearing for the respondents police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in CSR.No.809 of 2020 on the file of the respondent police.

4.The petitioner is directed to co-operate with the police for enquiry and at the time of conducting of the enquiry, the petitioner shall not be harassed by the police. The police https://hcservices.ecourts.gov.in/hcservices/

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 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. 5.With the above directions, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jv To

1. The Deputy Commissioner of Police, St. Thomas Mount (Range), Chennai.

2. The Inspector of Police, Shankar Nagar Police Station, Pammal, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl. OP No.556 of 2021 ev[co] srg 12/02/2021 https://hcservices.ecourts.gov.in/hcservices/