Madras High CourtCRL OP/7954/2024disposed of

Karuppaiah v. The State Rep By

2024-04-01Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Karuppaiah ... Petitioner Vs.

1.The State, Rep. by the Inspector of Police, B-5, Walajabed Police Station, Kancheepuram District.

2.The District Superintendent of Police, Collectorate Compound, Vandavasi Road, Kancheepuram District - 631 501.

... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to direct the respondent not to harass the petitioner in any manner in the above matter pending enquiry on the file of the respondent Police. For Petitioner : Mr.R.Prem Anandhan For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

O R D E R

This criminal original petition has been filed to direct the respondents not to harass the petitioner under the guise of enquiry. 1/4

2.Heard learned counsel for petitioner and learned Government Advocate (Crl. Side).

3. Learned Government Advocate (Crl. Side) appearing for the respondents Police submitted that the petitioner is required for an enquiry.

4.In view of the above, there shall be a direction to the respondent police to issue notice under Section 41A of Cr.P.C., and call the petitioner for an enquiry.

5.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 of enquiry, if any cognizable offence is 2/4

made out, the first respondent is 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. 6.With the above direction, this criminal original petition is disposed of.

01.04.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police, B-5, Walajabed Police Station, Kancheepuram District.

2.The District Superintendent of Police, Collectorate Compound, Vandavasi Road, Kancheepuram District - 631 501.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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M.DHANDAPANI,J.

pri 01.04.2024 4/4