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Madras High CourtCRL OP/4869/2024disposed of

A.Anandhan v. Inspector Of Police

2024-03-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.4869 of 2024 A.Anandhan ... Petitioner Vs.

The State represented by, Inspector of Police, District Crime Branch, Tiruppur District, Tiruppur.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue an order of direction, directing the respondent police not to harass the petitioner under the guise of enquiry for a civil dispute over a property.

For Petitioner : Mr.C.Prabakaran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry for a civil dispute over a property.

2.Heard learned counsel for the petitioner and the learned Government Advocate for the respondent.

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 C.No. 1 of 2024 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 respondent is free to register an FIR and this order shall not be a shield for the petitioner against the respondent proceeding to take action in accordance with law. 5.With the above directions, the Criminal Original Petition is closed. 01.03.2024 Index :Yes/No Internet : Yes/No adl To

1. The Inspector of Police, District Crime Branch, Tiruppur District, Tiruppur.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH,J.

adl CRL.O.P.No.4869 of 2024 01.03.2024