B.Vasanthi v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.29906 of 2018 B.Vasanthi ... Petitioner Vs.

1.The Commissioner of Police, E.V.K.Sampath Salai, 2.The Deputy Commissioner of Police, Mylapur, Chennai.

3.The Assistant Commissioner of Police, Kotturpuram, Chennai.

4.The Inspector of Police, J-4 Kotturpuram Police Station, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner. For Petitioner :Mr.D.Sathish ForRespondents:Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking for direction to the respondents not to harass the petitioner. 2.Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondents. 3.The learned Counsel appearing for the petitioner submits that the respondents harassed the petitioner under the guise of enquiry.

4.The learned Additional Public Prosecutor appearing for the respondents submits that on the complaint given by the de facto complainant against the petitioner, petition enquiry is pending in C.S.R.No.701 of 2018 on the file of the fourth respondent. 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 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 petitioners against the respondent proceeding to take action in accordance with law.

6. 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 Commissioner of Police, E.V.K.Sampath Salai, 2.The Deputy Commissioner of Police, Mylapur, Chennai.

3.The Assistant Commissioner of Police, Kotturpuram, Chennai.

4.The Inspector of Police, J-4 Kotturpuram Police Station, 5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Sathish, Advocate, S.R.No.88775 Crl.O.P.No.29906 of 2018 SJ(CO) GSP(21/01/2019)