Madras High CourtCRL OP(MD)/17315/2017closed

V. Baskaran v. The Superintendent Of Police

2018-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17315 of 2017 V.Baskaran ... Petitioner Vs.

1. The Superintendent of Police, District Police Office, Surveyor Colony, Madurai.

2. The Inspector of Police, District Crime Branch, Madurai District, Madurai.

3. V.Alagumurugesan ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first and second respondents not to harass the petitioner on the basis of the complaint of the third respondent. For Petitioner : Mr.M.Prabhu For Respondents : Mr.K.Suyambulinga Bharathi 1&2 Government Advocate (Crl.side)

ORDER

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

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

3. The learned Government Advocate (Crl.side) appearing for the respondent police submitted that on the complaint given by the third respondent, namely V.Alagumurugesan, against the petitioner, petition enquiry is pending in C.No.G5/24775/177//SP/07DP on the file of the second respondent police.

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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 direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The Superintendent of Police, District Police Office, Surveyor Colony, Madurai.

2. The Inspector of Police, District Crime Branch, Madurai District, Madurai.

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

GNS TE/RSK/SAR-2 : 11/09/2018 : 2P/4C Crl.O.P.(MD)No.17315 of 2017 21.08.2018 https://hcservices.ecourts.gov.in/hcservices/