Madras High CourtCRL OP/520/2019closed

Senthil v. The Commissioner Of Police

2019-01-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.520 of 2019 Senthil : Petitioner Vs.

1.The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007 2.The Inspector of Police, Kundrathur Police Station, Kancheepuram District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the 2nd respondent police not to harass the petitioner and the petitioner's family.

For Petitioner : M/s.L.P.Maurya For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent herein not to harass the petitioner and the petitioner's family.

2. Heard learned counsel appearing for the petitioner and 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 C.S.R. No.683 of 2018 on the file of the second respondent police.

4. The petitioner is directed to cooperate 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 cannot call the petitioner on a regular basis in the guise of https://hcservices.ecourts.gov.in/hcservices/

enquiry without even registering an FIR and 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, second respondent is free to register an FIR and this order shall not be a shield for the petitioner against the respondent proceeding to take action in accordance with law.

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ia/dss To 1.The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007 2.The Inspector of Police, Kundrathur Police Station, Kancheepuram District.

3.The Additional Public Prosecutor, Madras High Court, Chennai - 104.

+1cc to M/s.L.P.Maurya, Advocate sr.no.5236 Crl.O.P. No.520 of 2019 nr 06/02/2019 https://hcservices.ecourts.gov.in/hcservices/