Madras High CourtCRL OP(MD)/1879/2018closed

G.Esakkimuthu v. The Superintendent Of Police

2018-08-20Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.1879 of 2018 and Crl.M.P.[MD].No.961 of 2018 G.Esakkimuthu ... Petitioner Vs.

1. The Superintendent of Police, District Police Office, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Town Police Station, Sankarankovil, Tirunelveli District.

3. The Inspector of Police, AWPS, Sankarankovil, Tirunelveli District.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd and 3rd respondents not to harass the petitioner and his family members on the basis of the false complaint lodged by the petitioner's wife against the petitioner and his family members and to direct the second and 3rd respondents to follow guidelines issued by the Hon'ble Supreme Court in D.K.Basu 1997 1 SCC 416 case in matters pertaining to arrest or interrogation.

For Petitioner : Mr.M.Maran For Respondents : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd and 3rd respondents herein not to harass the petitioner in name of enquiry without due process of law.

2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondents. https://hcservices.ecourts.gov.in/hcservices/

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.41 of 2018 on the file of the respondent police.

4. The petitioner is directed to cooperate 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, first 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.

5. With the above direction, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Superintendent of Police, District Police Office, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Town Police Station, Sankarankovil, Tirunelveli District.

3. The Inspector of Police, AWPS, Sankarankovil, Tirunelveli District.

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

SJI TE/JM/SV/SAR-3 : 12/09/2018 : 2P/5C Crl.O.P.(MD)No.1879 of 2018 and Crl.M.P.[MD].No.961 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/