M.Manimaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.15433 of 2018 M.Manimaran ... Petitioner Vs.

1. The Superintendent of Police Thanjavur District Thanjavur

2. The Deputy Superintendent of Police Kumbakonam Thanjavur District

3. The Inspector of Police East Police Station Kumbakonam Thanjavur District

4. Amutha

5. A.Manjula

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second and third respondents not to interfere in the civil dispute and not to harass the petitioner and his family members under the guise of enquiry without due process of law on the basis of the petitioner's representation dated 06.08.2018.

For Petitioner : Mr.S.Rajaprabu For Respondents : Mr.M.Chandrasekaran No.1 to 3 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second and third respondents not to interfere in the civil dispute and not to harass the petitioner and his family members under the

guise of enquiry without due process of law on the basis of the petitioner's representation dated 06.08.2018.

2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondents 1 to 3.

3. The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given against the petitioner, petition enquiry is pending in C.S.R. No.261 of 2018 on the file of the third 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 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, third 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 To

1. The Superintendent of Police Thanjavur District Thanjavur

2. The Deputy Superintendent of Police Kumbakonam Thanjavur District

3. The Inspector of Police East Police Station Kumbakonam Thanjavur District

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

+1 CC To MR.S.RAJAPRABU, Advocate SR. NO. 81176 Crl.O.P.(MD)No.15433 of 2018 AAV TR/RP/SAR-4(17.09.2018)3P 6C