Subramaniyan v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 07.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15154 of 2023 Subramaniyan ... Petitioner Vs.
1.
The Superintendent of Police, Office of the Superintendent of Police, Perambalur District.
The Inspector of Polcie, Land Grabbing Cell, Perambalur District.
... Respondents This Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the 2nd respondent not to harass the petitioner on the guise of enquiry.
For Petitioner : Mr.R. Rajasekar For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1\5
ORDER
This Criminal Original Petition has been filed seeking for a direction to direct the Respondents not to harass the Petitioner in the name of enquiry without due process of law.
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.56 of 2023 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. 2\5
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 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order 3\5
To 1.
The Superintendent of Police, Office of the Superintendent of Police, Perambalur District.
The Inspector of Polcie, Land Grabbing Cell, Perambalur District.
3.
The Public Prosecutor, Madras High Court, Chennai.
4\5
N.ANAND VENKATESH,J.
rka Crl.O.P.No.15094 of 07.07.2023 5\5