Madras High CourtCRL OP(MD)/16751/2018disposed of

Wins v. The Superintendent Of Police

2018-09-19Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.16751 of 2018 Wins ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.Perma Sub Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

3.Shiny

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioner and his parents against law.

For Petitioner : Mr.C.T.Perumal For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R3 : Mr.Muthusaravanan

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner and his parents against law.

2. Heard learned counsel appearing for the petitioner and learned Government Advocate appearing for the respondents 1 and 2. 3.The learned Government Advocate(Crl.side) appearing for the respondents police, on instructions, would submit that on the complaint given by Shiny/third respondent herein against the petitioner, petition enquiry is pending in C.S.R. No.P2/SP/3584/2017 on the file of the second respondent police.

https://hcservices.ecourts.gov.in/hcservices/

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, 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-III) /True Copy/ Sub Assistant Registrar(CS-III) rmk To

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Sub Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

+1cc to Mr.C.T.Perumal, Advocate in SR No.85313 +1cc to Mr.C.Muthu Saravanan, Advocate in SR No.85284 Crl.O.P.(MD)No.16751 of 2018 NM/PM/SAR 3/05.10.18/2P/6C https://hcservices.ecourts.gov.in/hcservices/