Vaigai Selvan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.3146 of 2024 Vaigai Selvan .. Petitioner -vs1.The Commissioner O/o. Commissionerate, Vepery, Chennai - 600 007.

2.The Assistant Commissioner of Police, Teynampet Range, Chennai- 600 018.

3.State Rep. By The Inspector of Police, (Law and Order), Pondy Bazar Police Station, Pondy Bazar, T.Nagar Chennai - 600 017.

.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct respondent nos. 2 and 3 herein not to harass the petitioner herein under the guise of investigation and pass such further or other orders as this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner : Mr.M.Shreedhar For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the Respondents not to harass the Petitioner 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 C.S.R.No.21 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 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.

14.02.2024 Index :Yes/No Internet : Yes/No rka To 1.The Commissioner O/o. Commissionerate, Vepery, Chennai - 600 007.

2.The Assistant Commissioner of Police, Teynampet Range, Chennai- 600 018.

3.The Inspector of Police, (Law and Order), Pondy Bazar Police Station, Pondy Bazar, T.Nagar Chennai - 600 017.

4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH,J.

rka CRL.O.P.No.3146 of 2024 14.02.2024