Madras High CourtWP/4312/2021disposed of

Subburayalu v. The Superintendent Of Police

2021-02-25Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.4312 of 2021 Subburayalu .. Petitioner -vs1. The Superintendent of Police, Cuddalore District,

2. The Deputy Superintendent of Police, Cuddalore District,

3. The Inspector of Police, Cuddalore Old Town Police Station, Cuddalore Old Town,

4. The Inspector of Police, Anti-Land Grabbing Special Cell,

5. Mr.Subramanian .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the Respondents - police and their subordinates not to interfere in civil disputes and not to harass the petitioner. For Petitioner : Mr.R.Gururaj For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 to R4

ORDER

This petition has been filed to direct the Respondents - police and their subordinates not to interfere in civil disputes and not to harass the petitioner.

2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3.The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.No.219 of 2020 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, this writ Petition is closed. No Costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssr To

1. The Superintendent of Police, Cuddalore District,

2. The Deputy Superintendent of Police, Cuddalore District,

3. The Inspector of Police, Cuddalore Old Town Police Station, Cuddalore Old Town,

4. The Inspector of Police, Anti-Land Grabbing Special Cell,

5. The Public Prosecutor, High Court, Madras.

W.P.No.4312 of 2021 GPL(CO) SP(17/03/2021)