Wilson Gnanamuthu v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.11816 of 2018 Wilson Gnanamuthu
...Petitioner
Vs.
1.The Commissioner of Police, Madurai City.
2.The Inspector of Police, Anti Land Grabbing Special Cell, Madurai City.
3.Balakrishnan
...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 and also pass appropriate orders.
For Petitioner : Mr.M.Mohamed Rafi For Respondents 1 & 2: Mr.K.Suyambulinga Bharathi Government Advocate(Crl.side)
ORDER
This Criminal Original Petition has been filed to direct the second respondent and his officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry.
2. Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.side) for the respondents 1 & 2.
3. The learned Government Advocate (Crl.side) appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.No.R3/37661/1309/17 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, 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(CRL.SIDE) /True Copy/ Sub Assistant Registrar(CS-I) To
1. The Commissioner of Police, Madurai City.
2. The Inspector of Police, Anti Land Grabbing Special Cell, Madurai City.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO MR.M.MOHAMED RAFI, ADVOCATE IN SR NO. 80960 GNS BU/DS/RP/SAR-I : 26.09.2018 : 2P/5C Crl.O.P.(MD)No.11816 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/