Madras High CourtCRL OP(MD)/14714/2018disposed of

Ganesan v. The Superintendent Of Police

2018-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14714 of 2018

1. Ganesan

2. Kamatchi ... Petitioners Vs.

1. The Superintendent of Police Madurai District Madurai.

2. The Inspector of Police Silaiman Police Station Madurai District

3. Selvi

4. M.Krishnappan

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to interfere the civil dispute against the petitioners in O.S.No.79 of 2009 on the file of the District Munsif Court, Melur, Madurai District. For Petitioners : Mr. Udhaya Kumar For Respondents : Mr.K.Suyambulinga Bharathi No.1& 2 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to to direct the second respondent not to interfere the civil dispute against the petitioners in O.S.No.79 of 2009 on the file of the District Munsif Court, Melur, Madurai District.

2. Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.Side) for the first and second respondents.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that on the complaint given against the petitioner, petition enquiry is pending in C.S.R.No.379 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 https://hcservices.ecourts.gov.in/hcservices/

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(w) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Superintendent of Police Madurai District Madurai.

2. The Inspector of Police Silaiman Police Station Madurai District

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

+1cc to Mr.R.Udhaya Kumar, Advocate Sr.No.79753 AAV VB/RP/SAR3/05.09.2018/2P/5C Crl.O.P.(MD)No.14714 of 2018 21.08.2018 https://hcservices.ecourts.gov.in/hcservices/