Madras High CourtCRL OP/4900/2024disposed of

Mr.Aslam Syed Azam v. The Inspector Of Police (Crime)

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.4900 of 2024 A.Aslam Syed Azam ... Petitioner Vs.

1. The Inspector of Police (Crime) K-1, Sembium Police Station, Perambur, Chennai - 600 011.

2. Mrs.Gracy .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent herein not to harass the petitioner and her family members in the guise of an enquiry except in a manner known to law.

For Petitioner : Mr.C.Sivanesan For Respondent No.1 : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent herein not to harass the petitioner and her family members in the guise of an enquiry except in a manner known to law.

2. Heard learned counsel for the petitioner and the learned Government Advocate for the 1st respondent.

3.The learned Government Advocate appearing for the first respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in CSR No.641 of 2023 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 Criminal Original Petition is closed. 01.03.2024 Index :Yes/No Internet : Yes/No adl To

1. The Inspector of Police (Crime) K-1, Sembium Police Station, Perambur, Chennai - 600 011.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH,J.

adl CRL.O.P.No.4900 of 2024 01.03.2024