K.Babu v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.14867 of 2023 K.Babu .. Petitioner vs 1.The Commissioner of Police Office of the Tambaram Commissionerate, At Sholinganallur.

2.The Inspector of Police, Pallikaranai Police Station, Pallikaranai.

3.The Inspector of Police, All women Police Station - Selaiyur, at Chitlapakkam, Tambaram.

.. Respondents Petition filed under Section 482 of CrPC to direct the respondents police, not to harass the petitioner in the guise of enquiry for complaint of Tamilarasi pending investigation on the file of respondents 1 to 3.

For Petitioner :

Mr.G.Mahar Amutha Surya For Respondent :

Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondents not to harass the petitioner in the name of enquiry without due process of law.

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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.S.R.No.266 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. 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.

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

03.07.2023 Index:Yes/No ssm To:

1.The Commissioner of Police Office of the Tambaram Commissionerate, At Sholinganallur.

2.The Inspector of Police, Pallikaranai Police Station, Pallikaranai.

3.The Inspector of Police, All women Police Station - Selaiyur, at Chitlapakkam, Tambaram.

4.The Public Prosecutor, High Court, Madras.

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N. ANAND VENKATESH,J.

ssm Crl.O.P.No.14867 of 2023 03.07.2023 4/4