Madras High CourtCRL OP(MD)/11479/2018closed

R. Thirumavalavan 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.11479 of 2018 R.Thirumavalavan ... Petitioner Vs.

1.The Superintendent of Police, Madurai District (Rural), Madurai.

2.The Superintendent of Police, Usilampatti, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

4.K.Kurumban 5.Suriyaprabha

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 2 and 3 not to harass the petitioners.

For Petitioner : Mr.M.Venkatesan For R-1 to R-3 : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 2 and 3 not to harass the petitioners. 2.Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondents 1 to 3. 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.130 of 2018 on the file of the third 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 (T&P) /True Copy/ Sub Assistant Registrar (CS-IV) To 1.The Superintendent of Police, Madurai District (Rural), Madurai.

2.The Superintendent of Police, Usilampatti, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

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

LS DS RP SAR-4 27.09.2018 2P/5C Crl.O.P.(MD)No.11479 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/