Madras High CourtCRL OP(MD)/13504/2018disposed of

Manjunathasamy v. The Dt. Supdt. Of Police

2018-08-09Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.13504 of 2018 Manjunathsamy

...Petitioner

Vs.

1.The District Superintendent of Police, O/o. Sivagangai Collectorate, Sivagangai.

2.State through represented by The Sub-Inspector of Police, Kundrakudi Police Station, Karaikudi.

3.Sathya 4.kannan 5.Ramesh

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the second respondent not to harass the petitioner without any basis under the guise of Enquiry. For Petitioner :Mr.L.Prabhu For R1 & R2 :Mr.K.Chandran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the second respondent police not to harass the petitioner under the guise of enquiry.

2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondents 1 and 2. 3.The learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that on the complaint dated 26.07.2018, given by the third respondent against the petitioner, petition enquiry is pending in CSR No.198 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner on a regular basis in the guise of enquiry without even registering an FIR and the 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 respondents 1 and 2 proceeding to take action in accordance with law.

5.With the above directions, the Criminal Original Petition stands closed.

SD ASSISTANT REGISTRAR ( CS II ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS II ) tsg To 1.The District Superintendent of Police, O/o. Sivagangai Collectorate, Sivagangai.

2.The Sub-Inspector of Police, Kundrakudi Police Station, Karaikudi.

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

1CC TO MR. L. PRABHU, ADVOCATE SR: 77868 DS SKN SAR 2 31 8 2018 2P 5C Crl.O.P.(MD).No.13504 of 2018 09.08.2018 https://hcservices.ecourts.gov.in/hcservices/