Azhagu, 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.21051 of 2018 Azhagu : Petitioner Vs.
1. The Superintendent of Police, Pudukkottai, Pudukkottai District.
2. State Represented by The Inspector of Police, All Women Town Police Station, Pudukkottai District.
3.Kannammal : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent not to harass the petitioner. For Petitioner : Mrs.A.Banumathy For R1 & R2 : Mr.R.Anandharaj Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner. 2.The learned counsel appearing for the petitioner would submit that in respect of dispute between the petitioner and third respondent, who is the wife of the petitioner, the respondent1 police unnecessarily harassing the petitioner in the name of enquiry. He would further submit that the third respondent filed a petition under Section 156(3) Cr.P.C before the Judicial Magistrate, Pudukkottai and the same has been forwarded to the second respondent herein.
3.The learned Additional Public Prosecutor appearing for the respondent police would submit that based on the directions of the Judicial Magistrate, Pudukkottai, the respondent police initiated an enquiry and petition enquiry is pending before the second respondent.
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4.In view of the above submission, 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-IV) To
1. The Judicial Magistrate,Pudukkottai.
2. The Superintendent of Police, Pudukkottai, Pudukkottai District.
3. The Inspector of Police, All Women Town Police Station, Pudukkottai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 cc to M/s.A.Banumathy,Advocate,SR.No.97518 gns SS/SV/SAR 4/21.12.2018/2P/6C Crl.O.P.(MD)No.21051 of 2018 28.11.2018 https://hcservices.ecourts.gov.in/hcservices/