Soundararajan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.22655 of 2019

1. Soundararajan

2. Santhoshkumar .. Petitioners -vs1. The Superintendent of Police, Dharmapuri District.

2. The Sub-Inspector of Police, The District Crime Branch, Dharmapuri.

.. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent not to harass the petitioners on the pretext of investigation. For Petitioners : Mr.S.Nandhivarman For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the respondent not to harass the petitioners on the pretext of investigation.

2.Heard learned counsel for the petitioners 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 petitioners, petition enquiry is pending in C.No.656 of 2019 on the file of the respondent police. 4.The petitioners are directed to co-operate with the police for enquiry and at the time of conducting of the enquiry, the petitioners shall not be harassed by the police. The police cannot call the petitioners on a regular basis in the guise of enquiry without even registering an FIR and the Supreme Court of https://hcservices.ecourts.gov.in/hcservices/

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 petitioners against the respondents proceeding to take action in accordance with law. 5.With the above directions, the Criminal Original Petition is closed.

ssr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Dharmapuri District.

2. The Sub-Inspector of Police, The District Crime Branch, Dharmapuri.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Muruganantham, Advocate, SR.No.75032/19 CRL.O.P.No.22655 of 2019 Kak(27/09/2019) https://hcservices.ecourts.gov.in/hcservices/