Madras High CourtCRL OP/18874/2019disposed of

T.Govindarajulu v. The Sub Inspector Of Police

2019-07-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.18874 of 2019 T.Govindarajulu .. Petitioner -vs1.The Sub-Inspector of Police, E-1 Mylapore Police Station, Mylapore, Chennai-600 004.

2.Ajay Vignesh .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st Respondent not to in any manner harass the Petitioner in connection with any illegal demands of money made by the 2nd Respondent.

For Petitioner : Mr.T.T.Ravichandran For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 1st Respondent not to in any manner harass the Petitioner in connection with any illegal demands of money made by the 2nd Respondent.

2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 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 CSR.No.425 of 2019 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 https://hcservices.ecourts.gov.in/hcservices/

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 respondent police 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.With the above directions, the Criminal Original Petition is closed.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar vs/jas To 1.The Sub Inspector of Police, E-1 Mylapore Police Station, Chennai-600 004.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18874 of 2019 BS(CO) GN(20/08/2019) https://hcservices.ecourts.gov.in/hcservices/