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Madras High CourtWP/5943/2021allowed

K.Thangaraj v. The Commissioner Of Police

2021-03-10Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.5943 of 2021 K.Thangaraj, S/o.V.Karuppan .. Petitioner -vs1. The Commissioner of Police, Salem City, Salem-6, Salem District.

2. The Inspector of Police, Sooramangalam Police Station, Salem District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the second respondent not to harass the petitioner without due process of law to secure ends of justice.

For Petitioner : Mr.S.K.Bharath Mahan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This writ petition has been filed to direct the second respondent not to harass the petitioner without due process of law to secure ends of justice.

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 respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in CSR No.235 of 2021 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 writ petition is disposed of. No costs.

10.03.2021 Index :Yes/No Internet : Yes/No kal To

1. The Commissioner of Police, Salem City, Salem-6, Salem District.

2. The Inspector of Police, Sooramangalam Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH,J.

kal W.P.No.5943 of 2021 10.03.2021