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Madras High CourtCRL OP(MD)/18864/2018closed

P.Ramanathan v. The Commissioner Of Police

2018-10-24Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.18864 of 2018 P.Ramanathan ... Petitioner Vs.

1. The Commissioner of Police Madurai City Madurai.

2. The Inspector of Police Anna Nagar police Station Madurai City Madurai.

3.Godwin Jagadeesh Kumar Working as Inspector of Police Anna Nagar Police Station Madurai City, Madurai 4.L.Ramanathan 5.R.M.Lakshmanan

6. R.Ramanathan 7.L.R.M.Alagappan 8.A.L.Ramanathan

9. A.L.Lakshmanan 10.R.M.Kasi 11.Senthilnathan 12.S.Lakshmanan 13.Elango

14. L.Lakshmanan

...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 without due process of law and consequently direct the second respondent not evict the petitioner without due process of law.

For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.K.Suyambulinga Bharathi No.1 and 2 Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner under the guise of enquiry without due process of law and consequently direct the second respondent not evict the petitioner without due process of law

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

3. The learned Government Advocate(Crl.Side) appearing for the respondent police submits that on the complaint given against the petitioner, petition enquiry is pending in C.S.R. No.850 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(RECORDS) /True Copy/ Sub Assistant Registrar(CS-III)

To

1. The Commissioner of Police Madurai City Madurai.

2. The Inspector of Police Anna Nagar police Station Madurai City Madurai.

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

+ 1 CC TO Mr.D.Ramesh Kumar , ADVOCATE IN SR No.91518. AAV DS RSK SAR3 06 12 2018 3P 5C Crl.O.P.(MD)No.18864 of 2018 24.10.2018