Madras High CourtWP/3513/2021disposed of

P.M.Rajkumar v. The Inspector Of Police

2021-02-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.3513 of 2021 P.M.Rajkumar .. Petitioner -vs1. The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai - 600 094.

2. The Deputy Commissioner of Police, Triplicane District, Chennai - 600 005.

3. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

4. The Director General of Police, Tamilnadu, Mylapore, Chennai - 600 004.

5. Mrs.A.B.Sai Divya .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st Respondent from in any manner harassing the petitioner based on the alleged counter complaint received by him from the 5th respondent.

For Petitioner : Mr.K.M.Ramesh For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 to R4

ORDER

This petition has been filed to direct the 1st Respondent from in any manner harassing the petitioner based on the alleged counter complaint received by him from the 5th respondent.

2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police.

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3.The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in CSR.No.25 of 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 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, this writ Petition is closed. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To

1. The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai - 600 094.

2. The Deputy Commissioner of Police, Triplicane District,Chennai - 600 005.

3. The Commissioner of Police, Greater Chennai,Vepery, Chennai - 600 007.

4. The Director General of Police, Tamilnadu,Mylapore, Chennai - 600 004.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Ramesh, Advocate, S.R.No. 11838 W.P.No.3513 of 2021 PL(CO) GN(18/03/2021) https://hcservices.ecourts.gov.in/hcservices/