Madras High CourtCRL OP/28573/2018disposed of

Mr.Taufeeq Ahamed v. The Inspector Of Police

2018-12-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.28573 of 2018 Taufeeq Ahamed .. Petitioner -vsThe Inspector of Police, N-1, Royapuram Police Station, Chennai.

.. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent not to harass the petitioner except due process of law.

For Petitioner : Mr.V.Karnan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction, to direct the respondent not to harass the petitioner except due process of law.

2.Heard learned Counsel for the petitioner and learned Additional Public Prosecutor 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 petitioner, petition enquiry is pending in C.S.R.No.1172 of 2018, on the file of the respondent police.

5.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 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 https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar kal To 1.The Inspector of Police, N-1, Royapuram Police Station, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai.

+1 cc to M/s.V.Kannan, Advocate, SR No.84676 CRL.O.P.No.28573 of 2018 nm(co) ssm(28/12/18) https://hcservices.ecourts.gov.in/hcservices/