Gomathinayagi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.28945 of 2018 1.Gomathinayagi 2.Anandan ... Petitioners Vs.

1.The Inspector of Police, Team-V, Central Crime Branch, Vepery, Chennai.

2.Ravikumar @ Jagadeesh 3.Rajkumar 4.R.Sivananam 5.V.Kasinathan 6.S.Purushothaman 7.Revathi 8.Arun 9.Parnthaman 10.Chandra 11.Krishnaveni 12.Sathishkumar 13.K.Kalaiselvi 14.Mayavan 15.S.Sumathi 16.A.Gunasekaran 17.S.Santhi 18.S.Pushpa 19.S.Muniyammal 20.M.Dharmaraja 21.V.Murugan 22.M.Gunamathi 23.S.Managa 24.S.Jothibai 25.S.Bharanikumar 26.N.Vasanthi 27.V.Latha 28.C.Vittalrav 29.Jothilakshmi 30.P.Varalakshmi 31.Sanmugam 32.Malligehswari 33.Gomathi 34.Vijayakumar 35.Joseph Ruban

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the first respondent not to harass the petitioners till first respondent taking steps to recover money from second and fourth respondents and to hand over recovered money to 5th to 35th respondents based on FIR No.329 of 2018 dated 30.07.2018.

For Petitioners : Mr.I.Arockia Selvaraj For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for direction to the first respondent police not to harass the petitioners.

2. The learned Additional Public Prosecutor would submit that the FIR has been registered in Crime No.329 of 2018 for an offence under Sections 420, 465, 468 and 471 of IPC against one Ravikumar. During the course of investigation, it came to be known that these petitioners were also involved in the collection of deposits. Therefore, the respondent police called the petitioners for an enquiry. The first respondent police shall not harass the petitioners in the name of enquiry. The police cannot call the petitioners 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 the course of enquiry, if any cognizable offence is made out, 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.

3. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lpp/vsa

To 1.The Inspector of Police, Team-V, Central Crime Branch, Vepery, Chennai.

2.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.I.Arockia Selvaraj, Advocate, S.R.No.85774 CRL.O.P.No.28945 of 2018 PA(CO) rrs 09/01/2019