M/S.Association Of University Teachers (Regd) Tamilnadu v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.07.2023

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.16114 of 2023 Association of University Teachers (Regd) Tamil Nadu Rep. by its General Secretary Dr.M.Krishnaraj No.134, Rama Lane, Nungambakkam, Chennai - 600 034.

.. Petitioner Vs.

1. The Commissioner of Police, Office of Commissioner of Police, No.132, E.V.K.Sampath Road, Vepery, Periamet, Chennai - 600 007.

2. The Inspector of Police, F3, Law and Order, Nungambakkam Police Station, Nungambakkam, Chennai - 600 034.

3. Dr.R.Saravanan General Secretary, Faculty of History, Pachaiayappas' College for Men, Chennai - 600 030.

... Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent not to harass the petitioner by appreciating the facts and circumstances of the case.

For Petitioner : Mr.V.Stalin For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

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

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 CSR No.282 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.

5.

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

19.07.2023 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka To

1. The Commissioner of Police, Office of Commissioner of Police, No.132, E.V.K.Sampath Road, Vepery, Periamet, Chennai - 600 007.

2. The Inspector of Police, F3, Law and Order, Nungambakkam Police Station, Nungambakkam, Chennai - 600 034.

3. Dr.R.Saravanan General Secretary, Faculty of History, Pachaiayappas' College for Men, Chennai - 600 030.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J rka Crl.O.P.No.16114 of 2023 19.07.2023