Madras High CourtCRL OP/17762/2023disposed of

Vimalraj v. The Superintendent Of Police,

2023-08-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17762 of 2023 Mr.Vimalraj .. Petitioner Vs.

1.The Superintendent of Police, Villupuram District.

2.The Inspector of Police, All Women Police Station, Kottakuppam.

..Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd Respondent herein not to harass the Petitioner herein and his family members in the name of enquiry on the basis of complaint dated 18.07.2023 and given by him.

For Petitioner : Mr.S.Sugumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to direct the 2nd Respondent herein not to harass the Petitioner herein and his family members in the name of enquiry on the basis of complaint dated 18.07.2023 given by him. 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 respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.S.R.No.255 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 2/4

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. 08.08.2023 Index : Yes/No Internet : Yes/No ssr To 1.The Superintendent of Police, Villupuram District.

2.The Inspector of Police, All Women Police Station, Kottakuppam.

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

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N.ANAND VENKATESH, J ssr Crl.O.P.No. 17762 of 2023 08.08.2023 4/4