Madras High CourtCRL OP/29002/2018disposed of

M.Megala v. The Superintendent Of Police

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

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.29002 of 2018 M.Megala ... Petitioner Vs.

1.The Superintendent of Police, SP- Office Namakkal, Namakkal District.

2.The Inspector of Police, Erumapatty Police Station, Namakkal District.

3.V.Sugadevan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondents police not to harass the petitioner under the guise of enquiry based on the complaint given by the third respondent in connection with the civil dispute.

For Petitioner : Mr.S.Sankar For R1 & R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor ******

O R D E R

This Criminal Original Petition has been filed seeking for direction to the respondent police not to harass the petitioner. 2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent.

3. It is seen from the records that there is a property dispute pending between the parties. The parties will have to agitate the same only before the competent Civil Court. The respondent police shall not interfere with the dispute and shall not harass the petitioner in the name of enquiry. 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 the course of enquiry, if any cognizable offence is made out, https://hcservices.ecourts.gov.in/hcservices/

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.

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

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar lpp/vsa To 1.The Superintendent of Police, SP- Office Namakkal, Namakkal District.

2.The Inspector of Police, Erumapatty Police Station, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sankar, Advocate, S.R.No.85667 CRL.O.P.No.29002 of 2018 SPD(CO) rrs 07/01/2019 https://hcservices.ecourts.gov.in/hcservices/