Madras High CourtCRL OP(MD)/15519/2018closed

Kala @ Sakthikala, v. The Superintendent Of Police

2018-08-31Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.15519 of 2018

1. Kala @ Sakthikala

2. Sakthivel

3. Lingaraja @ Lingaraj ... Petitioners/Proposed Accused Vs.

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The State represented by The Inspector of Police Tisaiyanvilai Police Station Tisaiyanvilai Tirunelveli District. ...Respondents 1 & 2/Complainant

3. L.Seshammal ...3rd Respondent/Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioners.

For Petitioners : Mr.M.M.Manivelpandian For Respondents : Mr.M.Chandrasekaran No.1 & 2 Additional Public Prosecutor

ORDER

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

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

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

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Inspector of Police Tisaiyanvilai Police Station Tisaiyanvilai Tirunelveli District

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

AAV VB/SKN/SAR1/24.09.2018/2P/4C Crl.O.P.(MD)No.15519 of 2018 31.08.2018 https://hcservices.ecourts.gov.in/hcservices/