Madras High CourtCRL OP(MD)/22642/2016closed

A.R.Kirupalani v. The Inspector Of Police

2018-08-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.22642 of 2016 A.R.Kirupalani ... Petitioner Vs.

The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai - 5.

... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent herein not to harass the petitioner in the guise of enquiry without due process of law. For Petitioner : Mr.P.Venkatesan For Respondent : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner under the guise of enquiry. 2.Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondent.

3. The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint against the petitioner, petition enquiry is pending in C.S.R.No.171 of 2016 on the file of the 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 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 https://hcservices.ecourts.gov.in/hcservices/

cognizable offence is made out, 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 (Crl.side) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai - 5.

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

+ 1 CC TO Mr.P.VENKATESAN, ADVOCATE IN SR No. 80323 LS TE/SKN/SAR-3 : 19/09/2018 : 2P/4C Crl.O.P.(MD)No.22642 of 2016 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/