Madras High CourtCRL OP/14825/2023ordered

R.Vajravelu v. The State Rep By The

2023-07-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Vajravelu S/o.Late Rajagopal Pillai

...Petitioner

Vs The State represented by The Inspector of Police, Poonamallee Police Station, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondent police not to harass the petitioner.

For Petitioner : Ms.Rekha Sivakumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner.

2. Heard learned counsel for petitioner and learned Additional Public 1/4

Prosecutor appearing on behalf of respondent.

3. Learned counsel appearing for petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.

4. Learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the de facto complainant against the petitioner, petition enquiry is pending.

5. The petitioner is directed to co-operate with the police for enquiry and at the time of conducting 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 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, respondent is free to register an FIR and this order shall not be a shield for the petitioner against the respondent 2/4

proceeding to take action in accordance with law. This Criminal Original Petition is disposed of with the above direction.

04.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Inspector of Police, Poonamallee Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J gm 3/4

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