Madras High CourtCRL OP/27085/2018disposed of

Anandharaj v. The Superintenden Of Police,

2018-11-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27085 of 2018 Anandharaj

...Petitioner

Vs.

1.The Superintendent of Police, Tirupur District.

2.The Inspector of Police, Avinashi Police Station, Tirupur District. ...Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to directing the respondents not to harass the petitioner and his family members on the file of the representation made by the petitioner before the first respondent on 19.11.2018.

For Petitioner :Mr.P.Kalimuthu For Respondents :Mr.C.Raghavan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct respondents not to harass the petitioner and his family members based on the complaint given by Raman and Jaya.

2. Heard learned counsel appearing for the petitioner and learned Government Advocate(Crl.side) for the respondents.

3. The learned Government Advocate(Crl.side) appearing for the respondents police submits that on the complaint given by the petitioner, petition enquiry is pending in C.No.33210 of 2018 on the file of the respondents police.

4. The petitioner is directed to cooperate 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 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 https://hcservices.ecourts.gov.in/hcservices/

the course of enquiry, if any cognizable offence is made out, second 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 direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpl To 1.The Superintendent of Police, Tirupur District.

2.The Inspector of Police, Avinashi Police Station, Tirupur District.

Copy To:

The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Kalimuthu, Advocate, S.R.No.79603 Crl.O.P.No.27085 of 2018 VGI(Co) rrs 13/12/2018 https://hcservices.ecourts.gov.in/hcservices/