D.Srinivasan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.2127 of 2024 D.Srinivasan

...Petitioner

Vs 1.The Commissioner of Police, O/o. The Commissioner of Police, Avadi, Chennai 600 054.

2.The Inspector of Police, All Women Police Station, Senirkuppam Road, Devikarukariamman Nagar, Valasaravakkam, Chennai 600 087.

3.P.Pavithra ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct respondent to not to harass the petitioner and his family members under the guise of investigation in the odd hours. For Petitioner : Mr.R.Arunkumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 & R2 1/4

O R D E R

This Criminal Original Petition has been filed to direct respondent to not to harass the petitioner and his family members under the guise of investigation in the odd hours.

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.536 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 2/4

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, the Criminal Original Petition is closed. 02.02.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Commissioner of Police, O/o. The Commissioner of Police, Avadi, Chennai 600 054.

2.The Inspector of Police, All Women Police Station, Senirkuppam Road, Devikarukariamman Nagar, Valasaravakkam, Chennai 600 087.

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N.ANAND VENKATESH, J ssr 3.The Public Prosecutor, High Court, Madras.

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