Anupriya v. State Rep.By

kIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1) Mrs.Anupriya

2) Arumugam

3) Nirmala ... Petitioners Vs.

The State Rep. by The Inspector of Police, All Women Police Station, Thiruvallur Town and Taluk, Thiruvallur District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass the petitioners under the guise of enquiry.

For Petitioners : Mr.V.Kasinatha Bharathi For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed seeking to direct the respondent not to harass the petitioners under the guise of enquiry. 2.Heard learned counsel for the petitioners 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 petitioners, petition enquiry is pending in C.No.290 of 2023 on the file of the respondent police. 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 2/4

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 petitioners against the respondents proceeding to take action in accordance with law. 5.With the above directions, the Criminal Original Petition is closed. 04.08.2023 Index : Yes/No Speaking order:Yes/No ssr To

1. The Inspector of Police, All Women Police Station, Thiruvallur Town and Taluk, Thiruvallur District.

2. The Public Prosecutor High Court of Madras, Madras.

3/4

N.ANAND VENKATESH, J ssr 04.08.2023 4/4