Kavitha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.19822 of 2019 1.Kavitha 2.Krishnasamy .. Petitioners -vs1. The Inspector of Police, Mylapore Police Station, Chennai.

2. M/s.Shriram City Union Finance Ltd., No.221, Royapettah High Road, Mylapore, Chennai.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent or his subordinates not to harass the petitioners or their family members under the guise of an enquiry.

For Petitioners : Mr.D.R.Arun Kumar For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent or his subordinates not to harass the petitioners or their family members under the guise of an enquiry. 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 petitioners, petition enquiry is pending in CSR.No.666 of 2019 on the file of the respondent police.

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4.The petitioners are directed to co-operate with the police for enquiry and at the time of conducting of the enquiry, the petitioners shall not be harassed by the police. The police cannot call the petitioners 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 petitioners 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(CO) //True Copy// Sub Assistant Registrar vs/jas To

1. The Inspector of Police, Mylapore Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.D.R.Arun Kumar, Advocate, S.R.No.63994 CRL.O.P.No.19822 of 2019 PVS(CO) SSM(29/08/2019) https://hcservices.ecourts.gov.in/hcservices/