O.Periyasamy, v. The Commissioner Of Polcie

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14418 of 2018 O.Periyasamy ... Petitioner Vs.

1. The State Rep. by The Commissioner of Police Trichy City Trichy

2. The Assistant Commissioner Anti Land Grabbing Special Cell Trichy City

3. The Inspector of Police Anti Land Grabbing Special Cell Cantonment Trichy City

4. Mahalakshmi

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second and third respondents herein not to harass the petitioner on the guise of enquiry and to follow the due process of law.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.K.Chandrasekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second and third respondents herein not to harass the petitioner on the guise of enquiry

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 by Mahalakshmi against the petitioner, petition enquiry is pending in proceedings No.K1/247/15704/2018 on the file of the second respondent police. https://hcservices.ecourts.gov.in/hcservices/

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 ( CO ) TRUE COPY SUB ASSISTANT REGISTRAR (CS II) aav To :

1. The Commissioner of Police Trichy City, Trichy

2. The Assistant Commissioner Anti Land Grabbing Special Cell Trichy City

3. The Inspector of Police Anti Land Grabbing Special Cell Cantonment Trichy City 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC TO MR.V.JAMEL ARASU, ADVOCATE SR: 78775 DS KAK SAR 2 31 8 2018 2P 6C Crl.O.P.(MD)No.14418 of 2018 14.08.2018 https://hcservices.ecourts.gov.in/hcservices/