C. Vatrivel v. The Superintendent Of Police
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.9193 of 2018 C.Vetrivel ... Petitioner Vs.
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Inspector of Police, Kulasekaranpattinam Police Station, Thoothukudi District.
3.K.Chinnadurai 4.S.Muthukrishnan 5.P.Karthikeyan 6.T.Karuppasamy 7.P.Satheesh Kumar 8.M.Arjunan 9.Thirumal 10.N.Sheik 11.T.Thanga Manikandan 12.J. Brighten 13.S.Sukumar 14.K.Esakkimuthu 15.M.Mohan raj 16.S.Kumar 17.S.Kesavan 18.S.Dharmalingam 19.D.Jeyakumar 20.R.Velmayil 21.S.Selvaraj 22.Vetrivel 23.S.Maharaja 24.M.Muthu sekar 25.P.Illango 26.Najamutheen
...Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioner under the guise of enquiry.
For Petitioner : Mr.R.Balakrishnan For R-1 and R-2 : Mr.M.Chandrasekaran Additional Public Prosecutor For R12 & R17 : Mr.V.Rajiv Rufus
ORDER
This Criminal Original Petition has been filed to direct the second 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 first and second respondents.
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.132 of 2018 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 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(W) /True Copy/ Sub Assistant Registrar(CS-I) To
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Inspector of Police, Kulasekaranpattinam Police Station, Thoothukudi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.R.Balakrishnan, Advocate Sr.No.80122 +1cc to Mr.Rajiv Rufus,Advocate Sr.No.80021 LS VB/RP/SAR1/01.10.2018/3P/6C Crl.O.P.(MD)No.9193 of 2018 24.08.2018