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Madras High CourtCRL OP(MD)/14015/2018disposed of

Christina v. The Superintendent Of Police,

2018-08-07Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.14015 of 2018 1.Christina 2.G.Poonkodi .. Petitioners -vs1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Superintendent of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3. The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent, not to harass the petitioners in the name of enquiry and not to interfere into the Civil disputes.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.K.Chandrasekar Additional Public Prosecutor

ORDER

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 learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent. 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.No.N.Ref/P2/SP/160/GDP/2018 on the file of the respondent police.

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5.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.

6.With the above directions, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Superintendent of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3. The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

+1cc to Mr.M.Solaisamy, Advocate Sr.No.77654 TM VB/SKN/SAR3/24.09.2018/2P/6C CRL.O.P.(MD)No.14015 of 2018 07.08.2018 https://hcservices.ecourts.gov.in/hcservices/