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Madras High CourtCRL OP/11303/2022closed

Dr.R.Prashanth v. The Inspector Of Police

2022-05-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.11303 of 2022 Dr.R.Prashanth ... Petitioner Vs.

The Inspector of Police, K4-Anna Nagar Police Station, Chennai - 600 102.

... Respondent Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police not to harass the petitioner.

For Petitioner : Mr.R.Thamarai Selvan For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner. 2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 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.S.RNo.240 of 2022 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 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.

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

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar ssr To 1.The Inspector of Police, K4-Anna Nagar Police Station, Chennai - 600 102.

2.The Public Prosecutor, Madras High Court, Chennai.

+1 cc to Mr.R.Thamarai Selvan ., Advocate Sr.NO. 31585 Crl.O.P.No.11303 of 2022 rgn(CO) A.SK(27/05/2022) https://hcservices.ecourts.gov.in/hcservices/