Madras High CourtCRL OP(MD)/14505/2018disposed of

G. Radhakrishnan v. The Superintendent Of Police

2018-08-20Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14505 of 2018 G.Radhakrishnan ... Petitioner Vs.

1. The Superintendent of Police Thanjavur District Thanjavur

2. The Inspector of Police District Crime Branch Thanjavur District

3. B.R.Gopi

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent police not to interfere in the civil dispute and not to harass the petitioner in the guise of petition enquiry compelling to appear for the enquiry. For Petitioner : Mr.R.Rajesh For Respondents : Mr.M.Chandrasekaran No 1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent police not to interfere in the civil dispute and not to harass the petitioner in the guise of petition enquiry compelling to appear for the 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 B.R.Gopi against the petitioner, petition enquiry is pending in G3/28880/2018/23 on the file of the first 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 https://hcservices.ecourts.gov.in/hcservices/

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(Crl Side) /True copy/ Sub Assistant Registrar (CS-III) To

1. The Superintendent of Police Thanjavur District Thanjavur

2. The Inspector of Police District Crime Branch Thanjavur District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.Rajesh, Advocate, SR.No.79072 Crl.O.P.(MD)No.14505 of 2018 20.08.2018 AAV KK/RP/SAR-3/07.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/