Naseema Bee v. The Superintendant Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2024
CORAM
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Naseema Bee W/o.Mohammed Jaleel
...Petitioner
Vs.
1. The Superintendent of Police Kallakurichi District Kallakurichi
2. The Deputy Superintendent of Police Ulundurpet Kallakurichi District
3. The Inspector of Police Ulundurpet Police Station Ulundurpet Kallakurichi District
4. The Inspector of Police Edakkal Police Station Kallakurichi District
5. K.Vinothraj S/o.Kesavan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, praying to direct the Respondents 2 1/4
to 4 to not to harass the petitioner and her family members. For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.L.Baskaran Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to direct the Respondents 2 to 4 to not to harass the petitioner and her family members.
2. Heard learned counsel for petitioner and learned Government Advocate (Crl.side) appearing on behalf of respondents 1 to 4.
3. Learned Government Advocate (Crl.side) appearing for the respondents 1 to 4 submits that on the complaint given by the de facto complainant against the petitioner to the third respondent, petition enquiry is pending .
4. The petitioner is directed to co-operate with the police for enquiry and at the time of conducting the enquiry, the petitioner shall not 2/4
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 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 respondents are free to register an FIR and this order shall not be a shield for the petitioner against the respondents proceeding to take action in accordance with law.
With the above direction, this Criminal Original Petition is disposed of.
09.10.2024 Index: Yes/No Speaking order/Non-speaking Order gpa 3/4
K.GOVINDARAJAN THILAKAVADI, J gpa To
1. The Superintendent of Police Kallakurichi District Kallakurichi
2. The Deputy Superintendent of Police Ulundurpet Kallakurichi District
3. The Inspector of Police Ulundurpet Police Station Ulundurpet Kallakurichi District
4. The Inspector of Police Edakkal Police Station Kallakurichi District 5..The Public Prosecutor, High Court, Madras.
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