Murugesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.13473 of 2018 Murugesan ... Petitioner Vs.

1. The Superintendent of Police, Pudukottai District, Pudukottai.

2. The Inspector of Police, All Women Police Station, Thirumayam, Pudukottai District.

3. Mahalakshmi

...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 on the foisted complaint of the third respondent.

For Petitioner : Mr.T.Lenin Kumar For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner unnecessarily against law under the guise of enquiry.

2. Heard the 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 respondents 1 and 2 would submit that on the complaint given by one Mahalakshmi, against the petitioner, the petition enquiry is pending in C.No.439/500/NDTS/18, on the file of the second respondent police.

4. The petitioner is directed to co-operate 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 https://hcservices.ecourts.gov.in/hcservices/

call the petitioner on a regular basis under 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, the 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(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Superintendent of Police, Pudukottai District, Pudukottai.

2. The Inspector of Police, All Women Police Station, Thirumayam, Pudukottai District.

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

+1cc to Mr.T.Lenin Kumar, Advocate Sr.No.80912 TSG VB/RP/SAR2/28.09.2018/2P/5C Crl.O.P.(MD)No.13473 of 2018 28.08.2018 https://hcservices.ecourts.gov.in/hcservices/