Madras High CourtCRL OP/3132/2024disposed of

Hasanammal v. State Rep.By

2024-02-15Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.3132 of 2024 1.Mrs.Hasanammal 2.Mrs.Parveen

...Petitioners

Vs State Rep. by The Inspector of Police, W8, Thirumangalam All Women Police Station, Thirumangalam, Chennai 600 037.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass the petitioners. For Petitioners : Mr.N.Iyyakannu For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioners.

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2.Heard learned counsel for the petitioners 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.299 of 2023 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. 2/4

5.With the above directions, the Criminal Original Petition is closed. 15.02.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Inspector of Police, W8, Thirumangalam All Women Police Station, Thirumangalam, Chennai 600 037.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P. No.3132 of 2024 15.02.2024 4/4