← Library
Madras High CourtCRL OP/3430/2024disposed of

N.Shankar Ganesh v. The Deputy Commissioner Of Police

2024-02-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH N.Shankar Ganesh .... Petitioner Vs.

1. The Deputy Commissioner of Police, Tambaram City Commissioner Office, Sholinganallur, Chennai.

2. The Deputy Commissioner of Police, Tambaram Zone, Tambaram.

3. The Inspector of Police, Chrompet Police Station, Chrompet, Chennai.

.. Respondents PRAYER : The Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to not to harass the petitioner in the name of petition enquiry.

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

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct 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.P.No.622 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. 5.

With the above directions, the Criminal Original Petition is closed.

Index : Yes/No 19.02.2024 Internet : Yes/No rka To

1. The Deputy Commissioner of Police, Tambaram City Commissioner Office, Sholinganallur, Chennai.

2. The Deputy Commissioner of Police, Tambaram Zone, Tambaram.

3. The Inspector of Police, Chrompet Police Station, Chrompet, Chennai.

4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

rka 19.02.2024