David Rynell J v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.01.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.1245 of 2021 David Raynell J .. Petitioner -vsThe State Represented by The Inspector of Police, W4 Kilpauk All Women Police Station, Chennai.
.. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Respondent Police not to harass the Petitioner except under due process of law. For Petitioner : Mr.P.chandrasekar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking for a direction to direct the Respondent not to harass the Petitioner 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 respondent. 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.07/2021 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 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 https://hcservices.ecourts.gov.in/hcservices/
period, for which preliminary enquiry can be conducted. During the course of enquiry, if any cognizable offence is made out, the 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 directions, the Criminal Original Petition is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar rli To 1.The Inspector of Police, W4 Kilpauk All Women Police Station, Chennai.
2.The Public Prosecutor, High Court, Madras.
+2 ccs to Mr.P.Chandrasekar Advocate sr5140 CRL.O.P.No.1245 of 2021 ajb(co) aa19/02/2021 https://hcservices.ecourts.gov.in/hcservices/