Rajasingh Gauthaman v. State Rep. By

Crl.O.P.No.12987 of 2024 S.SOUNTHAR, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 498A of IPC in C.S.R.No.39 of 2024, seeks anticipatory bail.

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that petition enquiry is pending in C.S.R.No.39 of 2024.

3. Recording the submission made by the learned Government Advocate (Criminal Side), this Court is of the view that the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioner and the petitioner is directed to appear before the respondent police. The Investigating Officer has to conduct the enquiry by strictly following the procedures laid down in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)].

S.SOUNTHAR, J.

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4. If any prima facie case is made out against the petitioner, register the F.I.R or close the petition enquiry within a period of three weeks from today. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall follow the guidelines stipulated for preliminary enquiry by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)].

5. With the above directions, this Criminal Original Petition is disposed of.

30.05.2024 ham

Crl.O.P.No.12987 of 2024