Madras High CourtCRL OP/3268/2024disposed of

R.Jothimani v. Deputy Superintendent Of Police

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.3268 of 2024 R.Jothimani

...Petitioner

Vs 1.The Deputy Superintendent of Police, Coimbatore, Coimbatore District.

2.The State Rep. by: The Inspector of Police, Sultanpettai Police Station, Sultanpettai, Coimbatore District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent not to harass the petitioner.

For Petitioners : Mr.K.Myilsamy For Respondent : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2 1/4

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioner.

2.Heard learned counsel for the petitioners 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.20 of 2024 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 2/4

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. 15.02.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Deputy Superintendent of Police, Coimbatore, Coimbatore District.

2.The Inspector of Police, Sultanpettai Police Station, Sultanpettai, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr Crl.O.P. No.3268 of 2024 15.02.2024 4/4