← Library
Madras High CourtCRL OP/14686/2019disposed of

Raja v. The State Rep By Its,

2019-06-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.14686 of 2019 1.Raja 2.Subramaniyan 3.Vijayalakshmi

...Petitioners

-VsState by The Inspector of Police, All Woman Police Station, Virudhachalam, Cuddalore District.

...Respondent

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents not to harass the petitioners in the name of petitioner enquiry.

For Petitioners: Mr.S.Sarath Chandran For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioners in the name of petitioner enquiry.

2.Heard the learned Counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing on behalf of 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.R.No.19 of 2019 on the file of the respondent police.

4.The petitioner is directed to cooperate 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 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 https://hcservices.ecourts.gov.in/hcservices/

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, third respondent is free to register an FIR and this order shall not be a shield for the petitioner against the respondent proceeding to take action in accordance with law.

5.This Criminal Original Petition is disposed of with a directions.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rna To 1.The Inspector of Police, All Woman Police Station, Virudhachalam, Cuddalore District.

2.The Public Prosecutor, Madras High Court.

+1cc to Mr. S.Sarath Chandran, Advocate SR.No. 46485 Crl.O.P.No.14686 of 2019 A.SK(01/07/2019) https://hcservices.ecourts.gov.in/hcservices/