Madras High CourtCRL OP/21040/2023disposed of

Neelamegam v. The Sub Inspector Of Police,

2023-09-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.9.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.21040 of 2023 1.Neelamegam 2.Arulprakash 3.R.Chinnaraj 4.Chelladurai Kamalakannan 5.Ponnuganmorthy 6.Thirumal 7.K.Devaraj 8.N.Murugesan 9.V.Venkatesan 10.Kavitha Suresh 11.S.Suganya 12.P.Arumugam

...Petitioners

Vs.

The Sub-Inspector of Police, Government HQ Hospital Police Station, Erode District.

...Respondent

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the respondent herein not to harass the petitioners in the guise of criminal enquiry. For Petitioners :

Mr.A.Ansar For Respondent :

Mr.A.Damodaran, APP

ORDER

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This Criminal Original Petition has been filed seeking to direct the respondent not to harass the petitioners under the guise of enquiry.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

3. The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the defacto complainants against the petitioners, petition enquiry is pending in C.S.R.No.52 of 2023 on the file of the respondent.

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 India in the case of 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 respondent is free to register an FIR and this order shall not be a shield for the petitioners against the respondent proceeding to take 2/4

action in accordance with law.

5. With the above directions, the Criminal Original Petition is closed.

14.9.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Sub-Inspector of Police, Government HQ Hospital Police Station, Erode District.

2.The Public Prosecutor, High Court, Madras.

gm 3/4

N.ANAND VENKATESH,J gm CRL.O.P.No.21040 of 2023 14.9.2023 4/4