A. Vijayakumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.15901 of 2018 A.Vijayakumar

...Petitioner

Vs.

1.The Commissioner of Police, Trichy.

2.The Inspector of Police, Thillainagar Police Station, Trichy City.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the second respondent herein not to harass the petitioner on the guise of enquiry except under due process of law.

For Petitioner :Mr.B.Jameel Arasu For Respondents :Mr.M.Chandra Sekaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the second respondent police not to harass the petitioner under the guise of enquiry.

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

3.The learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that on the complaint given by the de facto complainant against the petitioner, petition enquiry is pending in C.No.141/PG/Camp, 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 the 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 https://hcservices.ecourts.gov.in/hcservices/

enquiry can be conducted. During the course of enquiry, if any cognizable offence is made out, the second respondent is free to register an FIR and this order shall not be a shield for the petitioner against the respondents proceeding to take action in accordance with law.

5.With the above directions, the Criminal Original Petition stands closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar(CS-II) tsg To 1.The Commissioner of Police, Trichy.

2.The Inspector of Police, Thillainagar Police Station, Trichy City.

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

+1cc to Mr.B.Jameel Arasu, Advocate in SR No.81846 Crl.O.P.(MD).No.15901 of 2018 NM/RSK/SAR 2/01.10.18/2P/5C https://hcservices.ecourts.gov.in/hcservices/