P. Valarmathi, 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.11531 of 2017 P.Valarmathi ... Petitioner Vs.

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, Chinnamannur Police Station, Theni District.

3. K.Venkatesan

4. S.Balamurugan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondents not to harass the petitioner and her tenant T.Jamunadevi by interfering in a civil dispute and by locking the shop "T.S.Agro Industries" located in Door No.100/1 in Chinnamanur Municipality, Theni District, which is under the possession of T.Jamunadevi without following due process of law. For Petitioner : Mr.K.Muthumalai 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 respondent police not to harass the petitioner under the guise of enquiry.

2.Heard the learned Counsel for the petitioner and the 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 and fourth respondents against the petitioner, petition enquiry is pending on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 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, respondent police 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.

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

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, Chinnamannur Police Station, Theni District.

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

+ 1 CC TO Mr.A.BALAJI, ADVOCATE IN SR No. 79157 TA TE/SV/SAR-2 : 11/09/2018 : 2P/5C Crl.O.P.(MD).No.11531 of 2017 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/