K.Velkumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.6304 of 2021 K.Velkumar ... Petitioner vs.

1. The Commissioner of Police, Police Commissioner Office, Vepery, Chennai.

2. The Inspector of Police, K-11, Koyambedu CMBT Police Station, Koyambedu, Chennai.

3. N.Balasubramanian ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent not to harass the petitioner herein based on the false complaint given by the third respondent.

For Petitioner : Mr.L.P.Balajiram For Respondents : Mr.C.Raghavan Government Advocate, for R1 & 2

O R D E R

This Writ Petition has been filed seeking for a direction to direct the respondent not to harass the Petitioner in the name of enquiry without due process of law.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for respondents 1 & 2.

3.The learned Government Advocate 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.114 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 https://hcservices.ecourts.gov.in/hcservices/

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 closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Commissioner of Police, Police Commissioner Office, Vepery, Chennai.

2. The Inspector of Police, K-11, Koyambedu CMBT Police Station, Koyambedu, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.L.P.Balajiram, Advocate SR.NO..15927 AKM/08.04.21/2P-5C/ AKM/16.04.21 WP No. 6304 of 2021 12.03.2021 https://hcservices.ecourts.gov.in/hcservices/