Madras High CourtCRL OP(MD)/2388/2018closed

Sakthivel v. The Inspector 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.2388 of 2018 Sakthivel ... Petitioner Vs.

1.The State Represented by The Inspector of Police, Aranthangi Police Station, Pudukottai District.

2.Govindaraj 3.Manjula 4.Suresh

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent not to harass the petitioner under the guise of enquiry on the foisted complaint of the respondents 2 to 4.

For Petitioner : Mr.T.Leninkumar For R-1 : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent not to harass the petitioner under the guise of enquiry on the foisted complaint of the respondents 2 to 4.

2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the first respondent.

3. The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the respondents 2 to 4 against the petitioner, petition enquiry is pending in C.S.R. No.87 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 https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

Crl.O.P.(MD)No.2388 of 2018 20.08.2018 SJI ES/SKN/RSK/SAR3/07.09.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/