Lakshmi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.20858 of 2019 Lakshmi .. Petitioner -vs1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Anti Land Grabbing Cell, Krishnagiri District, Krishnagiri.

3.Gowtham Kumar .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner by appreciating the facts and circumstances of the case.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 & R2

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the respondents not to harass the petitioner by appreciating the facts and circumstances of the case. 2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 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.1486 of 2019 on the file of the respondent police.

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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 respondent 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 To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Anti Land Grabbing Cell, Krishnagiri District, Krishnagiri.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.R.Jayaprakash,Advocate Sr.No. 66649 AKM/05.09.19/2P-5C / CRL.O.P.No.20858 of 2019 https://hcservices.ecourts.gov.in/hcservices/