Madras High CourtCRL OP/21367/2019disposed of

K.Selvaraj v. State By

2019-08-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.21367 of 2019 K.Selvaraj .. Petitioner -vs1. State By; The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2. The Deputy Commissioner of Police, Pulianthoppu Range, Chennai.

3. The Inspector of Police, P-4 Basin Bridge Police Station, Chennai.

.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue a direction to the respondents not to harass the petitioner based on the petitioners representation dated on 09.07.2019.

For Petitioner : Mr.S.Karthikeyan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue a direction to the respondents not to harass the petitioner based on the petitioner's representation dated on 09.07.2019. 2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 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.338 of 2019 on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/

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 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 ssr To

1. The The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2. The Deputy Commissioner of Police, Pulianthoppu Range, Chennai.

3. The Inspector of Police, P-4 Basin Bridge Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Pugalendhi, Advocate sr.71476 CRL.O.P.No.21367 of 2019 rgn(co) nr 03/10/2019 https://hcservices.ecourts.gov.in/hcservices/