Selvam v. The Superintedent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.6477 of 2024 Selvam ... Petitioner Vs.

1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The Sub Inspector of Police, District Crime Branch, Tiruvannamalai District, Tiruvannamalai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent not to harass the petitioner, under the guise of investigation in C.No.72/DCB/TVM/2024 dated 31.01.2024. For Petitioner : Mr.B.Jawahar For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 2nd respondent not to harass the petitioner, under the guise of investigation in C.No.72/DCB/TVM/2024 dated 31.01.2024.

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

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 C.No.72/2024 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 2/4

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.

5.With the above directions, the Criminal Original Petition is closed. 18.03.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The Sub Inspector of Police, District Crime Branch, Tiruvannamalai District, Tiruvannamalai.

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

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N.ANAND VENKATESH,J.

ssr Crl.O.P.No.6477 of 2024 18.03.2024 4/4