N.Yasothai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14793 of 2018 N. Yasothai ... Petitioner Vs.

1. The Superintendent of Police Ramanathapuram District Ramanathapuram.

2. The Inspector of Police Rameshwaram Town Police Station (L & O), Rameshwaram, Ramanathapuram District.

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioner. Except under due process of law.

For Petitioner : Mr.V. Palpandi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner.

2. Heard learned counsel appearing for the petitioner and learned Government Advocate for the respondents.

3. The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint against the petitioner, petition enquiry is pending in Current Petition No.395/DSP/Camp/Ramnad/18 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 (6) CTC 353 has enumerated the nature of cases where preliminary enquiry can be https://hcservices.ecourts.gov.in/hcservices/

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

1. The Superintendent of Police Ramanathapuram District Ramanathapuram.

2. The Inspector of Police Rameshwaram Town Police Station (L & O), Rameshwaram, Ramanathapuram District.

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

+1CC TO MR.P.PALPANDI ADVOCATE IN SR.No.80088. KSA DS SKN SAR-1:05.09.2018: 2P/5C Crl.O.P.(MD)No.14793 of 2018 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/