Madras High CourtCRL OP(MD)/5239/2019dismissed

M.Kathammal v. The Commissioner Of Police

2019-04-08Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08.04.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.5239 of 2019 1.M.Kathammal 2.M.Balamurugan 3.Sangeetha 4.Maheswari 5.Parameswari ... Petitioners Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, (Crime No.108 of 2015) 3.Thenmozhi ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent not to harass the petitioners and their family members based on the enquiry. For Petitioners : Mr.S.Muniyandi For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent police not to harass the petitioners and their family members under the guise of enquiry.

2. Heard learned counsel appearing for the petitioners and learned Government Advocate (Crl. Side) for the respondents 1 and 2.

3. The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending.

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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, second 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.

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-59877[F] dated 09/04/2019 ) vsg Crl.O.P.No.5239 of 2019 08.04.2019 KM/(25.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/