Madras High CourtCRL OP/6169/2024disposed of

M/S.Skst Chit Fund Pvt Ltd v. The State Rep By

2024-03-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH SKST CHIT FUND Pvt. Ltd., represented by its Managing Director, Mr.A.N.Kishorekani No.261, Vivekanadha Road, Ram Nagar, Coimbatore - 641 009.

...Petitioner

Vs 1.State represented by The Inspector of Police, Jolarpettai Police Station, Tiruppattur District.

2.K.Anbusakthi S/o.Krishnan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondent police not to harass the petitioner in the guise of enquiry. For Petitioner : Mr.K.Vasanthanayagan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

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This Criminal Original Petition has been filed seeking a direction to the respondent police not to harass the petitioner in the guise of enquiry.

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

3. Learned Additional Public Prosecutor appearing for the first respondent submits that on the complaint given by the de facto complainant against the petitioner, petition enquiry is pending in CP No.1196 of 2024 on the file of the first 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 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 2/4

of enquiry, if any cognizable offence is made out, the first respondent is free to register an FIR and this order shall not be a shield for the petitioner against the first respondent police proceeding to take action in accordance with law.

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

14.03.2024 Index : Yes/No Speaking order:Yes/No gm To 1.The Inspector of Police, Jolarpettai Police Station, Tiruppattur District.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J gm 3/4

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