R.Mohammed Sharif v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Mohammed Sharief S/o.Rajendran

...Petitioner

Vs 1.The State represented by The Commissioner of Police, Tambaram Commissioner Office, W62F + H5V, ElcotSez, Karappakam, ElcotSez, Sholinganallur, Chennai - 600 119.

2.The Inspector of Police, S-11 Tambaram Police Station, Chennai.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the second respondent not to harass the petitioner except due process of law. For Petitioner : Mr.S.Krishnamoorthy For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

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

2. Heard learned counsel for petitioner 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 petitioner, petition enquiry is pending in CSR No.133 of 2024 on the file of the second respondent.

4. The petitioner is directed to co-operate with the police for enquiry and at the time of conducting 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 2/4

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 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, Tambaram Commissioner Office, W62F + H5V, ElcotSez, Karappakam, ElcotSez, Sholinganallur, Chennai - 600 119.

2.The Inspector of Police, S-11 Tambaram Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J gm 3/4

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