Mythily v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mythily, D/o.Jayaraman

...Petitioner

Vs 1.The Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police, H-1, Washermenpet Police Station, Chennai.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the 2nd respondent to not to harass the petitioner except due process of law. For Petitioner : Mr.K.Thenrajan For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

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

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing on behalf of respondents.

3. Learned Additional Public Prosecutor appearing for the respondents submits that on the complaint given by the de facto complainant against the petitioner, petition enquiry is pending in CSR No.343 of 2023 on the file of the second respondent police.

4. 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 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 2/4

period, for which preliminary enquiry can be conducted. During the course of enquiry, if any cognizable offence is made out, the second respondent is 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. With the above direction, this Criminal Original Petition is closed. 10.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police, H-1, Washermenpet Police Station, Chennai.

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N.ANAND VENKATESH, J gm 10.07.2023 4/4