Madras High CourtCRL OP(MD)/1612/2018closed

Prem Anand, v. The Superintendent Of Police,

2018-08-16Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.1612 of 2018 and Crl.M.P.(MD)No.813 of 2018 1.Pream Anand 2.Jacqueline 3.Divya Sukritha 4.Sathyapriyan ... Petitioners Vs.

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondents not to harass the petitioners and their family members in the guise of petition enquiry. For Petitioners : Mr.M.M.Manivelpandian For Respondents : Mr.M.Chandra Sekaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police not to harass the petitioners under the guise of enquiry.

2.Heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. 3.The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given against the petitioners, petition enquiry is pending on the file of the respondent police https://hcservices.ecourts.gov.in/hcservices/ 4.The petitioners are directed to cooperate with the police for enquiry and at the time of conducting of the enquiry, the

petitioners shall not be harassed by the police. 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 police 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.

5.With the above directions, the Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (CS-III) To

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

TA TE/JM/RSK/SAR-3 : 11/09/2018 : 2P/4C Crl.O.P.(MD).No.1612 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/