Jesudoss v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Jesudoss S/o.Rajarathinam 2.Princy Mary W/o.Jesudoss

...Petitioners

Vs 1.The Commissioner of Police, Tirupur City, Tirupur.

2.The Inspector of Police, City Crime Branch, Tirupur.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondents not to harass the petitioners under the guise of enquiry since the matter pertaining to the civil dispute.

For Petitioners : Mr.A.D.Ganeshamoorthi For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

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This Criminal Original Petition has been filed seeking a direction to the respondents herein not to harass the petitioners under the guise of enquiry.

2. Heard learned counsel for petitioners and learned Additional Public Prosecutor appearing on behalf of respondents..

3. Learned Additional Public Prosecutor appearing for the respondents submits that on the complaint given by the de facto complainant against the petitioners, petition enquiry is pending in CP No.83 of 2024 on the file of the second respondent.

4. The petitioners are directed to co-operate with the police for enquiry and at the time of conducting the enquiry, the petitioners shall not be harassed by the police. The police cannot call the petitioners 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 petitioners against the respondent police proceeding to take action in accordance with law. With the above direction, this Criminal Original Petition is disposed of.

21.02.2024 Index : Yes/No Speaking order:Yes/No gm To 1.The Commissioner of Police, Tirupur City, Tirupur.

2.The Inspector of Police, City Crime Branch, Tirupur.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J gm 3/4

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