Madras High CourtCRL OP/5830/2024disposed of

B.Selvaraj v. Commissioner Of Police

2024-03-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.03.2024

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5830 of 2024

1. B.Selvaraj

2. Kasthuri

3. Salome Sarulatha

4. Sweetlin .. Petitioners Vs.

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2. The Inspector of Police, W-8 All Women Police station, Anna Nagar West, Chennai 600 040 .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent not to harass the petitioners by appreciating the facts and circumstances of the case.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the 2nd respondent not to harass the petitioners by appreciating the facts and circumstances 1\4

of the case.

2.Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents.

3.The learned Additional Public Prosecutor appearing for the respondents police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in CP No.19 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 shield for the petitioner against the respondents proceeding to take action in accordance with law. 2\4

5.With the above directions, the Criminal Original Petition is closed. 11.03.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka 3\4

N. ANAND VENKATESH,J rka To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2. The Inspector of Police, W-8 All Women Police station, Anna Nagar West, Chennai 600 040 Crl.O.P.No.5830 of 2024 11.03.2024 4\4