Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17907 of 2018 1.Sathish Kumar 2.Ramasamy 3.Panchawarnam 4.Yuvarani 5.Murugeshwari

...Petitioners

Vs.

1.The State Represented by Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

2.Logeshwari

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent not to harass the petitioners as well as their family members without any legally sustainable complaint and to abide by the guidelines in D.K.Basu case in 1997 1 SCC 416.

For Petitioners: Mr.D.Balamurugapandi For Respondents: Mr.M.Chandra Sekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first respondent not to harass the petitioners as well as their family members without any legally sustainable complaint. 2.Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor for the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor appearing for the

first respondent submitted that on the complaint given by the second respondent against the petitioners, petition enquiry is pending in C.S.R. No.237 of 2018 on the file of the first respondent Police.

4.The petitioners are directed to cooperate with the police for enquiry and at the time of conducting of the enquiry, the petitioners shall not be harassed by the police. The police cannot call the petitioners 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, first respondent is free to register an FIR and this order shall not be a shield for the petitioners 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-I) To 1.The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

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

+ 1 CC TO MR.D.BALAMURUGAPANDI, ADVOCATE IN SR NO.89255 GNS BU/SKN/SAR-I :25.10.2018 : 2P/4C Crl.O.P.(MD)No.17907 of 2018 08.10.2018 https://hcservices.ecourts.gov.in/hcservices/