S. Sridhar v. The Superintendent Of Police

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.545 of 2018 and Crl.M.P.(MD)No.2688 and 2689 of 2018 S.Sridhar ... Petitioner Vs.

1. The Superintendent of Police, Ramanathapuram District, Ramnathapuram.

2. The State rep., by the Inspector of Police, District Crime Branch, Ramanathapuram, Ramanathapuram District.

3.Kumaragurubaradoss ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent not to harass the petitioner on the guise of investigation pursuant to the complaint given by 3rd respondent viz., Kumaragurubaradoss.

For Petitioner : Mr.M.P.Senthil For R1 and R2 : 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 second respondent not to harass the petitioner under the guise of enquiry.

2.Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the official respondents. 3.The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the third respondent against the petitioner, petition enquiry is pending 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 https://hcservices.ecourts.gov.in/hcservices/

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, second 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 directions, the Criminal Original Petition is closed. Consequently, connected miscellaneous petitions are closed.

sd/- Assistant Registrar (Crl. side) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Superintendent of Police, Ramanathapuram District, Ramnathapuram.

2. The Inspector of Police, District Crime Branch, Ramanathapuram, Ramanathapuram District.

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

Ta MK/RSK/SAR 2/10.09.2018/2P/4C Crl.O.P.(MD).No.545 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/