Madras High CourtCRL OP/8939/2020closed

Laxman v. The Superintendent Of Police,

2020-06-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2020

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P. No.8939 of 2020 Laxman ... Petitioner Vs.

1.The Superintendent of Police, Salem District.

2.The State rep by The Inspector of Police, Omalur Police Station, Omalur, Salem.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of Criminal Proceedure Code, to direct the respondents not to harass the petitioner.

For Petitioner : Mr.R.Muruga Bharathi For Respondents : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the respondent police not to harass the Petitioner in the name of enquiry without due process of law. 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 respondents police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.S.R.No.170 of 2020 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 https://hcservices.ecourts.gov.in/hcservices/

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. 5.With the above directions, the Criminal Original Petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar vkr To 1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Omalur Police Station, Omalur, Salem.

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

CRL.O.P. No.8939 of 2020 BR(CO) SP(17/07/2020) https://hcservices.ecourts.gov.in/hcservices/