Madras High CourtCRL OP/18994/2023disposed of

Venkatesh v. State Rep.By

2023-08-18Honourable Mr Justice N. Anand Venkatesh4 pages

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.18994 of 2023 Venkatesh, Male 36 Years, S/o. Ramraj, S701, KLP Utsav, No.292, Cooks Road, Chennai - 600 012.

.. Petitioner -vsState Represented by The Inspector of Police P2 Otteri Police Station, Chennai.

.. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to directing the respondents not to harass the petitioner in the guise of enquiry based on false complaint. For Petitioner : M/s.S.Benazir For Respondent : Mr.A.Damodaran, Additional Public Prosecutor.

ORDER

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

of enquiry based on complaint.

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 CSR No.622 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 ordered.

18.08.2023 Index :Yes/No Internet : Yes/No rka/mkn-ii To 1.The Inspector of Police P2 Otteri Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH,J.

Rka/mkn-ii CRL.O.P.No.18994 of 2023 18.08.2023