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Madras High CourtCRL OP(MD)/9721/2018closed

Rengaraj v. The Dis. Supdt. 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.9721 of 2018 Rengaraj ... Petitioner Vs.

1.The District Superintendent of Police, Karur District, Karur, 2.The Inspector of Police Land Grabbing (Prevention) Special Wing Karur District, Karur.

3.N.Arumugam 4.Thangamani

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioner.

For Petitioner : Mr.R.Murugappan For R-1 and R-2 : Mr.M.Chandra sekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner.

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 given against the petitioner, petition enquiry is pending on the file of the second respondent police.

4.However, the petitioner is only the father and he cannot be harassed in the name of enquiry. 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 https://hcservices.ecourts.gov.in/hcservices/

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 directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The District Superintendent of Police, Karur District, Karur, 2.The Inspector of Police Land Grabbing (Prevention) Special Wing Karur District, Karur.

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

LS DS RP SAR-4 01.10.2018 2P/4C Crl.O.P.(MD)No.9721 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/