Muruganantham v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14308 of 2018 Muruganantham ... Petitioner Vs.

1. The Superintendent of Police Office of the Superintendent of Police Ramanathapuram

2. The Sub Inspector of Police Abiramam Police Station Ramanathapuram District ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police not to harss the petitioner and his family members against the law in the nature and circumstances of the case.

For Petitioner : Mr.A.Arputharaj For Respondents : Mr.K.Chandrasekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner and his family members against the law in the nature and circumstances of the case.

2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondents.

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.No.264 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 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 https://hcservices.ecourts.gov.in/hcservices/

(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 (CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Superintendent of Police Office of the Superintendent of Police Ramanathapuram

2. The Sub Inspector of Police Abiramam Police Station Ramanathapuram District

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

+1cc to Mr.A.Arputharaj, Advocate SR.No.15465 Aav MK/SKN/SAR 2/03.09.2018/3P/5C Crl.O.P.(MD)No.14308 of 2018 13.08.2018 https://hcservices.ecourts.gov.in/hcservices/