Madras High CourtCRL OP/21051/2023disposed of

Tamilselvan v. The State Rep By

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.21051 of 2023 Tamilselvan

...Petitioner

Vs.

1.The State rep.by the Superintendent of Police, O/o the Superintendent of Police, Ariyalur District.

2.The State rep.by the Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the second respondent police not to harass the petitioner.

For Petitioner :

Mr.D.Senthil Kumar For Respondents :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the second respondent police not to harass the petitioner. 1/4

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 respondents submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.S.R. No.595 of 2023 on the file of the second respondent.

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

2/4

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

14.9.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

gm 3/4

N.ANAND VENKATESH,J gm CRL.O.P.No.21051 of 2023 14.9.2023 4/4