Madras High CourtCRL OP(MD)/10312/2018closed

S.Pandiyan v. The Superintendent 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.10312 of 2018 S.Pandiyan ... Petitioner Vs.

1. The Superintendent of Police, Thanjavur District.

2. State represented by Inspector of Police, Ammapettai Police Station, Ammapettai, Papanasam Taluk, Thanjavur District.

3. S.Somu

4. S.Krishnamoorthy ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent and his sub ordinate police officials not to harass the petitioner in connection with construction of super structures in petitioner property. For Petitioner : Mr.T.Sundaravadanam For R-1 and R-2 : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent and his sub ordinate police officials not to harass the petitioner in connection with construction of super structures in petitioner property.

2. Heard learned counsel appearing for the petitioners 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 in C.S.R. No.139 of 2018 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, first 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, Thanjavur District.

2. The Inspector of Police, Ammapettai Police Station, Ammapettai, Papanasam Taluk, Thanjavur District.

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

+ 1 CC TO Mr.T.SUNDARAVADANAM, ADVOCATE IN SR No. 80128 LS TE/RSK/SAR-2 : 20/09/2018 : 2P/5C Crl.O.P.(MD)No.10312 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/