Madras High CourtCRL OP/19265/2019disposed of

Ramaswami v. Inspector Of Police

2019-07-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.19265 of 2019 1.Ramaswami 2.Priyadharshini .. Petitioners -vs1. Inspector of Police, Central Crime Branch, Tiruppur City.

2. S.Suganthi .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent not to indulge in civil dispute more particularly sale agreement dated 28.12.2017 with respect to petitioner's property. For Petitioners : Mr.K.Sudhakar For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the 1st respondent not to indulge in civil dispute more particularly sale agreement dated 28.12.2017 with respect to petitioners' property.

2.Heard learned counsel for the petitioners 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 C.No.114/CCB/TPR-CITY/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 https://hcservices.ecourts.gov.in/hcservices/

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 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 //True Copy// Sub Assistant Registrar vs/jas To

1. The Inspector of Police, Central Crime Branch, Tiruppur City.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.Sudhakar, Advocate, S.R.No.62270 CRL.O.P.No.19265 of 2019 KK(CO) SSM(20/08/2019) https://hcservices.ecourts.gov.in/hcservices/