Madras High CourtCRL OP(MD)/14113/2017closed

T.Raja v. The Commissioner Of Police

2018-08-28Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14113 of 2017 T.Raja ... Petitioner Vs.

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

2.The Inspector of Police, Koodalpudur Police Station,(Crime), Madurai District.

3.Babubhai ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents not to harass the petitioner and his family members.

For Petitioner : Mr.N.Balakrishnan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent and his officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry.

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

3. The learned Government Advocate (Crl. side) appearing for the respondents 1 and 2 would submit that on the complaint given by Babubhai against the petitioner, the petition enquiry is pending in C.S.R. No.545 of 2017, on the file of the second 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, the second respondent is free to register an FIR and this order shall not be a shield for the petitioner against the official respondents proceeding to take action in accordance with law.

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

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

2.The Inspector of Police, Koodalpudur Police Station,(Crime), Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.14113 of 2017 28.08.2018 TSG TR/PM/SAR-III(24.09.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/