M.Samuvel v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5051 of 2024 M.Samuvel ... Petitioner Vs.

State Represented by The Inspector of Police, All Women Police Station, Bargur, Krishnagiri District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to issue direction not to harass the petitioner in connection with the complaint of the defacto complainant dated 28.12.2023 and closed by the respondent vide Current Paper No.555/2023. For Petitioner : Mr.Mahasree Thangaraj For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction not to harass the petitioner in connection with the complaint of the defacto 1/4

complainant dated 28.12.2023 and closed by the respondent vide Current Paper No.555/2023.

2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

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.30 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 respondents are free to register an FIR and this order shall not be a 2/4

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. 05.03.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Inspector of Police, All Women Police Station, Bargur, Krishnagiri District.

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

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N.ANAND VENKATESH,J.

ssr Crl.O.P.No.5051 of 2024 05.03.2024 4/4