Amutha v. The Commissioner 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.18949 of 2023 Amutha (F/A, 74 Years), Wife of late Chinadurai, No.84/51, south Mada Street, Thiruvanmiyur, chennai - 600 041.
.. Petitioner -vs1.The Commissioner of Police, Tambaram Commissionorate, Tambaram.
2.The Deputy Commissioner of Police, Muthulingam Street, Tambaram West, Tambaram, Chennai - 600 045.
3.The Inspector of Police, T-8, Guduvanchery Police Station, Guduvanchery.
4.Ethiraj, S/o.Shanmugam, 1/38, Sengazhaniyamman Koil Street, Panankattupakkam, Kanchipuram.
.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Respondents police 1 to 3 and his officials that Not to Harass the petitioner in the guise of enquiry
based on the complaint of the 4th Respondent. For Petitioner : M/s.R.Premanandhan For Respondent 1 to 3 : 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.181 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 Commissioner of Police, Tambaram Commissionorate, Tambaram.
2.The Deputy Commissioner of Police, Muthulingam Street, Tambaram West, Tambaram, Chennai - 600 045.
3.The Inspector of Police, T-8, Guduvanchery Police Station, Guduvanchery.
4.The Public Prosecutor, High Court, Madras.
N.ANAND VENKATESH,J.
Rka/mkn-ii CRL.O.P.No.18949 of 2023 18.08.2023