Ravichandran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.17720 of 2018 Ravichandran

...Petitioner

Vs.

1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Anti Land Grabbing Wing, Dindigul, Dindigul District.

3.P.Loganathan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., directing the respondents not to harass the petitioner and not to insist the petitioner to handover the documents to the person of their choice under the guise of enquiry. For Petitioner: Mr.S.C.Herold Singh For R1 & R2 : 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 respondents not to harass the petitioner in the guise of enquiry.

2.Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondents. 3.The learned Additional Public Prosecutor appearing for the respondent police submits that on the complaint given against the petitioner, petition enquiry is pending on the file of the 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 https://hcservices.ecourts.gov.in/hcservices/

(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 directions, the Criminal Original Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Anti Land Grabbing Wing, Dindigul, Dindigul District.

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

+ 1 CC TO MR.S.C.HEROLD SINGH, ADVOCATE IN SR NO.88949 LS BU/VB/SAR-I :22.10.2018 : 2P/5C Crl.O.P.(MD).No.17720 of 2018 05.10.2018 https://hcservices.ecourts.gov.in/hcservices/