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Madras High CourtCRL OP/15031/2023disposed of

Sheela v. The Inspector Of Police

2023-07-07Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.15031 of 2023 Sheela Petitioner vs.

1. The Inspector of Police, O/o. The Inspector of Police, District Crime Branch, Cuddalore District.

2.M.Vadivelu Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the officials of the first respondent not to harass the petitioner and her family members in the complaint of the second respondent.

For Petitioner : M/s. McGan LawFirm For R1 : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the Respondents not to harass the Petitioner and her family members 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.No.4879 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. 5.With the above directions, the Criminal Original Petition is closed.

07.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka

To

1. The Inspector of Police, O/o. The Inspector of Police, District Crime Branch, Cuddalore District.

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

N. ANAND VENKATESH, . J.

rka Crl.OP No.15031 of 2023 07.07.2023