K.Sakthivel v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.7431 of 2024 1.K.Sakthivel 2.Sivagami 3.Durga Sankar 4.Ravi

...Petitioners

Vs State Rep. by: The Commissioner of Police, All Women Police Station, Central Coimbatore city, Coimbatore District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to not to harass the petitioners in the name of enquiry and further fix a particular final day for enquiry.

For Petitioners : Mr.T.Elumalai For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to direct the respondent to not to harass the petitioners in the name of enquiry. 2.Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

3.The learned Additional Public Prosecutor appearing for the respondents police submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending in CSR.No.62 of 2024 on the file of the respondent police. 4.The petitioners are directed to co-operate with the police for enquiry and at the time of conducting of the enquiry, the petitioners shall not be harassed by the police. The police cannot call the petitioners 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 2/4

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 petitioners against the respondents proceeding to take action in accordance with law. 5.With the above directions, the Criminal Original Petition is closed. 27.03.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Commissioner of Police, All Women Police Station, Central Coimbatore city, Coimbatore District.

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N.ANAND VENKATESH, J ssr 2.The Public Prosecutor, High Court, Madras.

Crl.O.P. No.7431 of 2024 27.03.2024 4/4