Madras High CourtCRL OP/13278/2019disposed of

Bakyaraj v. The Inspector Of Police

2019-05-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.05.2019

CORAM

THE HONOURABLE Mr.JUSTICE A.D.JAGADISH CHANDIRA CRL.OP.No.13278 of 2019 1.Bakyaraj 2.Balraj 3.Premavathi 4.Jeevitha ... Petitioners Vs State Rep by Inspector of Police District Crime Branch O/o. Superintendent of Police Krishnagiri District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to issue a direction directing the respondent, not to harass the petitioners.

For Petitioners : Mr.V.Thillai Kumar For Respondent : Mrs.P.Kritika Kamal, Govt. Advocate (Crl. Side)

O R D E R

This petition has been filed seeking for a direction not to harass the petitioners.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent police.

3.The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that on the complaint given by one Deepa against the petitioners, petition enquiry is pending in C.No.143/DCB/SP-KGI/2019 on the file of the respondent police.

4.The petitioners are directed to cooperate 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 https://hcservices.ecourts.gov.in/hcservices/

enquiry without even registering an FIR and the Hon'ble 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 respondent police is 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 stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police District Crime Branch O/o. Superintendent of Police Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.Thillai Kumar,Advocate Sr.No. 44049 CRL.OP.No.13278 of 2019 nrl(co) mp(21/05/2019) https://hcservices.ecourts.gov.in/hcservices/