Madras High CourtCRL OP(MD)/17058/2018closed

E. Petchimuthu v. The Superintendent Of Police

2018-09-25Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17058 of 2018 E.Petchimuthu ... Petitioner Vs.

1. The Superintendent of Police Tirunelveli District Tirunelveli.

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

3. Victor Vevakanandan

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioner under the guise of the enquiry.

For Petitioner : Mr.C.Saravanakumar 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 petitioner under the guise of the enquiry.

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

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(SAR II) To

1. The Superintendent of Police Tirunelveli District, Tirunelveli.

2. The Inspector of Police Thalayuthu Police Station, Tirunelveli District.

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

1CC TO MR. M. NALLAMUTHU ADVOCATE SR 86418 cp VB SV SAR 2 12 10 2018 2P 5C Crl.O.P.(MD)No.17058 of 2018 25.09.2018 https://hcservices.ecourts.gov.in/hcservices/