Nallakarthi @ Raja 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.14225 of 2017 1.Nallakarthi @ Raja 2.Vedivel 3.Kasiviswanathan 4.Velumani ... Petitioners Vs.

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Thuvarankurichy Police Station, Thuvarankurichy, Trichy District.

3.Shivashanmugam 4.N.R.N.Pandian ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent herein not to harass the petitioners.

For Petitioners : Mr.S.Pon Senthil Kumaran 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 police not to harass the petitioners under the guise of enquiry.

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

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, first 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 directions, the Criminal Original Petition is closed.

sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Thuvarankurichy Police Station, Thuvarankurichy, Trichy District.

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

+1cc to Mr.S.Pon Senthil Kumaran, Advocate SR.No.79252 Ta MK/SV/SAR 4/10.09.2018/2P/5C Crl.O.P.(MD).No.14225 of 2017 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/