Madras High CourtCRL OP/22255/2023disposed of

M.Sudhakar Naidu v. State Of Tamil Nadu Rep.By

2023-09-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.9.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.22255 of 2023 1.M.Sudhakar Naidu 2.M.Chenchu Lakshmi 3.M.Chandra Mouli 4.M.Srinivas

...Petitioners

Vs.

State of Tamil Nadu, rep.by The Inspector of Police, Central Crime Branch, EDF-I Wing, Team-I, O/o the Commissioner of Police, I Floor, Vepery, Chennai-7.

...Respondent

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

Mr.S.Karthikeyan For Respondent :

Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the respondent police not to harass the petitioners in the guise of investigation.

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

3. The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending in C.P. No.1270 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 action in accordance with law.

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

27.9.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Inspector of Police, Central Crime Branch, EDF-I Wing, Team-I, O/o the Commissioner of Police, I Floor, Vepery, Chennai-7.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH,J gm CRL.O.P.No.22255 of 2023 27.9.2023 4/4