T.Meena Manjunathan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.7.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.16834 of 2023 Mrs.T.Meena Manjunathan

...Petitioner

Vs.

1.The Commissioner of Police, W62F+H5V, Elcot Sez, Karapakkam, Sholinganallur, Chennai-119.

2.The Deputy Commissioner of Police, 1/74, State Highway 49, Muttukadu, Chengalpattu-603112.

3.The Inspector of Police, E-8 Kelambakkam Police Station, Tambaram City, Chengalpattu District.

...Respondents

Prayer: Criminal Original petition is filed under Section 482 of the Criminal Procedure Code praying to direct the respondent Police not to harass the petitioner.

For Petitioner :

Mr.K.Jagannathan For Respondents :

Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct 1/5

the respondent Police not to harass the petitioner in the name of enquiry.

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 C.S.R. No.492 of 2023 dated 09.5.2023 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. 2/5

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

27.7.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Commissioner of Police, W62F+H5V, Elcot Sez, Karapakkam, Sholinganallur, Chennai-119.

2.The Deputy Commissioner of Police, 1/74, State Highway 49, Muttukadu, Chengalpattu-603112.

3.The Inspector of Police, E-8 Kelambakkam Police Station, Tambaram City, Chengalpattu District.

4.The Public Prosecutor, High Court, Madras.

gm 4/5

N.ANAND VENKATESH,J gm CRL.O.P.No.16834 of 2023 27.7.2023 5/5