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Madras High CourtCRL OP/21228/2023disposed of

R. Prabhakaran v. Inspector Of Police

2023-09-19Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.9.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.21228 of 2023 R.Prabhakaran

...Petitioner

Vs.

The State rep.by The Inspector of Police, Mangalam Police Station, Mangalam, Tiruppur.

...Respondent

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the respondent not to harass the petitioner herein in the guise of enquiry.

For Petitioner :

Mr.J.Elanjchezhien For Respondent :

Mr.A.Damodaran, APP

ORDER

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

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 1/3

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.194 of 2022 on the file of the 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 respondent is free to register an FIR and this order shall not be a shield for the petitioner against the respondent proceeding to take action in accordance with law.

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

ssr 19.9.2023 2/3

N.ANAND VENKATESH,J ssr Index : Yes/No Speaking Order : Yes/No To 1.The Inspector of Police, Mangalam Police Station, Mangalam, Tiruppur.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21228 of 2023 19.9.2023 3/3