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Madras High CourtCRL OP/1840/2021disposed of

N.Malar v. The State Rep.By

2021-02-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP NO.1840 OF 2021 N.Malar ... Petitioner vs.

The State Rep by, The Inspector of Police (Crimes) P3 Vysarpadi Police Station, Vysarpadi, Chennai 600 039.

... Respondent PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction to the respondent Police 'Not to Harass' the petitioner without following due process of law.

For Petitioner : M/s.E.Ezhil Caroline For Respondent : 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.484 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 https://hcservices.ecourts.gov.in/hcservices/

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 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.

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

1. The Inspector of Police, P3 Vysarpadi Police Station, Vysarpadi, Chennai 600 039.

2.

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

+1cc to M/s.E.Ezhil Caroline, Advocate, S.R.No.6259 Crl.OP No.1840 of 2021 BR(CO) CS/10/03/2021 https://hcservices.ecourts.gov.in/hcservices/