John Williams v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2019
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.Nos.1852 & 1950 of 2019
1. John Williams
2. Kasthuri ... Petitioners in Crl.O.P.No.1852 of 2019 J.Durairaj ... Petitioner in Crl.O.P.No.1950 of 2019 -vsInspector of Police, Pappireddypatty Police Station, Pappireddypatty, Dharmapuri District.
.. Respondent in both Crl.O.Ps Common Prayer: These Criminal Original petitions are filed under Section 482 of Criminal Procedure Code, to direct the Respondent not to harass the petitioners under the guise of enquiry. For Petitioners : Mr.P.Rajavel in both Crl.O.Ps For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor in both Crl.O.Ps COMMON ORDER This Criminal Original Petition has been filed to direct the Respondent not to harass the petitioners under the guise of enquiry.
2.Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the respondent. 3.The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by https://hcservices.ecourts.gov.in/hcservices/
the defacto complainant against the petitioners, petition enquiry is pending on the file of the respondent police. 5.The petitioners are directed to cooperate with the police for enquiry and at the time of conducting of the enquiry, the petitioners shall not be harassed by the police. The police cannot call the petitioners on a regular basis in the guise of 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, respondent is free to register an FIR and this order shall not be a shield for the petitioners against the respondent proceeding to take action in accordance with law. 6.With the above directions, the Criminal Original Petition is closed.
Sd/- Assistant Registrar(J) //True copy// Sub Assistant Registrar kal To
1. The Inspector of Police, Pappireddypatty Police Station, Pappireddypatty, Dharmapuri District.
2. The Public Prosecutor, High Court, Madras.
+2ccs to Mr.R.Neelakandan, Advocate SR.No.8554,8555 CRL.O.P.Nos.1852 & 1950 of 2019 GMY(28/02/2019) https://hcservices.ecourts.gov.in/hcservices/