N.Selvam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Selvam S/o.Narayanan ... Petitioner Vs.

1. The Superintendent of Police District of Villupuram No.29, Master plan Complex First Floor, Collector Office Road Movendar Nagar Villupuram - 605 602.

2. The Deputy Superintendent of Police District of Villupuram V.O.C Street, Thiru.Vi.Ka.Road Villupuram - 605 602.

3. The State represented by its Inspector of Police District Crime Branch (D.C.B) Villupuram District, Villupuram - 605 602.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the third respondent herein not to harass the petitioner by appreciating the above stated facts and circumstances.

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For Petitioner : Mr.L.Gavaskar For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking a direction to the third respondent herein not to harass the petitioner by appreciating the above stated facts and circumstances.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing on behalf of respondents.

3. Learned Additional Public Prosecutor appearing for the respondents submits that on the complaint given by the de facto complainant against the petitioner, petition enquiry is pending in CP No.22 of 2024 on the file of the third respondent.

4. The petitioner is directed to co-operate with the police for enquiry and at the time of conducting 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 2/4

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 respondent police proceeding to take action in accordance with law.

With the above direction, this Criminal Original Petition is disposed of.

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N.ANAND VENKATESH, J gm To 1.The Superintendent of Police Thirupathur District.

2.The Inspector of Police Kandhi Police Station Thirupathur District.

3.The Public Prosecutor Madras High Court Chennai - 104.

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