D.Samuel Chelladurai 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.14009 of 2017 and Crl.M.P.(MD)No.10245 of 2017 D.Samuel Chelladurai

...Petitioner

Vs.

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

2.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

3.Patturaju

...Respondents

(R3 impleaded as per order of this Court made in Crl.M.P.(MD)No.10245 of 2017 dated 25.07.2018) PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondents not to harass the petitioner without due process of law based on the complaint given by third parties who have no connection with the petitioner or his business by considering the petitioner's representation dated 05.10.2017. For Petitioners:Mr.Ananth C.Rajesh 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 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 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, 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 Petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

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

TA DS RSK SAR-1 27.09.2018 2P/4C Crl.O.P.(MD).No.14009 of 2017 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/