Madras High CourtCRL OP/20288/2023disposed of

Balasubramanian v. The Commissioner Of Police

2023-09-04Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Balasubramanian .. Petitioner

Versus

1. The Commissioner of Police, Sirupooluvapatti, Tiruppur, Tamil Nadu - 641 687.

2. The State Rep by its Inspector of Police, Nallur Police Station, Nallur, Tiruppur.

.. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent herein to not to harass the petitioner by appreciating facts and circumstances of the case. For Petitioner : Mr.M.Navin Kumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent Police not to harass the petitioner by appreciating facts and circumstances of the case.

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 respondent Police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.S.R.No.312 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 2/5

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 Police is free to register an FIR and this order shall not be a shield for the petitioner against the respondent Police proceeding to take action in accordance with law.

5. With the above directions, the Criminal Original Petition is disposed off.

04.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Commissioner of Police, Sirupooluvapatti, Tiruppur, Tamil Nadu - 641 687.

2. The Inspector of Police, Nallur Police Station, Nallur, Tiruppur.

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3. The Public Prosecutor, High Court of Madras.

N.ANAND VENKATESH, J.

grs 04.09.2023 4/5

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