Mary Alponse v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2018

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.21059 of 2018 Mary Alponse ... Petitioner Vs.

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, Tiruverumpur Police Station, Trichy District.

3. Ludru Mary.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent Police not to harass the petitioners under the guise of enquiry or investigation under the false notion and desist from involving the loan collection and also direct them to return the promissory note forcefully obtained from the petitioner.

For Petitioner : Mr.S.Siva Ilayaraja For R1 & R2 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent Police not to harass the petitioner under the guise of enquiry.

2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for R1 & R2.

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that based on the complaint given by the defacto complainant, petition enquiry is pending in C.A.39654/2018, dated 25.11.2018, 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 https://hcservices.ecourts.gov.in/hcservices/

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

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, Tiruverumpur Police Station, Trichy District.

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

+ 1 CC TO Mr.R.S.T.RAVANAN @ RAMA SUBRAMANIAN, ADVOCATE IN SR No. 97292 GNS TE/SV/SAR-3 : 20/12/2018 : 2P/5C Crl.O.P.(MD)No.21059 of 2018 28.11.2018 https://hcservices.ecourts.gov.in/hcservices/