P.Gajalakshmi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.18947 of 2023 P.Gajalakshmi, F/42, D/o. Late.V.C.Pattabhi, E202, Central Park South, Elcot Avenue, Sholinganallur, Chennai-600 119.

.. Petitioner -vs1.The Superintendent of Police, Sathuvachari, Vellore - 632 009.

2.The Sub-Inspector of Police, Land Grabbing Unit, Vellore HO, Vellore - 632 001.

3.Raghu Veera Pandian, S/o.Late Vedamuthu, No.13/9, North Raja Street, Alandur, Chennai - 600 019.

.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 not to harass the petitioner.

For Petitioner : M/s.C.Prasanna Venkatesh For Respondent 1 and 2 : Mr.A.Damodaran, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the Respondents to not to harass the Petitioner.

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 Current paper No.60 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 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.

18.08.2023 Index :Yes/No Internet : Yes/No rka/mkn-ii To 1.The Superintendent of Police, Sathuvachari, Vellore - 632 009.

2.The Sub-Inspector of Police, Land Grabbing Unit, Vellore HO, Vellore - 632 001.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH,J.

Rka/mkn-ii CRL.O.P.No.18947 of 2023 18.08.2023