Madras High CourtCRL OP/18506/2023disposed of

Pradeep Raj v. Superintendent Of Police

2023-08-16Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Pradeep Raj .. Petitioner

Versus

1. The Superintendent of Police, Cuddalore District.

2. The Inspector of Police, Kadampuliyur Circle, Cuddalore District.

3. The Inspector of Police, Muttandikuppam Police Station, Cuddalore District.

.. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents not to harass the petitioner under the guise of enquiry.

For Petitioner : M/s.M.Manimaran For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondents not to harass the petitioner under the guise of enquiry.

2. Heard the 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 some unknown persons against the petitioner, petition enquiry is pending in C.P.No.127 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 2/5

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 disposed off.

16.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The Superintendent of Police, Cuddalore District.

3. The Inspector of Police, Kadampuliyur Circle, Cuddalore District.

4. The Inspector of Police, Muttandikuppam Police Station, Cuddalore District.

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N.ANAND VENKATESH, J.

grs 16.08.2023 5/5