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Madras High CourtCRL OP(MD)/19035/2018closed

Ignacimuthu v. The Superintendent Of Police

2018-10-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.19035 of 2018 Ignacimuthu ... Petitioner Vs.

1.The State represented by its The Superintendent of Police, Virudhunagar District, District.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The Inspector of Police, Town Police Station, Sivakasi, Virudhunagar District.

4.The Sub Inspector of Police, Town Police Station, Sivakasi, Virudhunagar District.

5.Annathai

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to direct the respondents 1 to 4 herein not to harass the petitioner under the guise of enquiry on the basis of the petitioner's complaint dated 16.10.2018.

For Petitioner: Mr.PR.Boome Raja For R1 to R4 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 4 herein not to harass the petitioner under the guise of enquiry on the basis of the petitioner's complaint dated 16.10.2018.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents 1 to 4.

3. The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.S.R.No..299 of 2018, on the file of the fourth https://hcservices.ecourts.gov.in/hcservices/

respondent.

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, fourth 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 (AD-I) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Virudhunagar District, District. 2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The Inspector of Police, Town Police Station, Sivakasi, Virudhunagar District.

4.The Sub Inspector of Police, Town Police Station, Sivakasi, Virudhunagar District.

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

+ 1 CC TO MR.PR.BOOME RAJA , ADVOCATE IN SR NO.92545 tsg BU/KK/RP/SAR-III:22.11.2018 : 2P/7C Crl.O.P.(MD)No.19035 of 2018 26.10.2018 https://hcservices.ecourts.gov.in/hcservices/