Madras High CourtCRL OP(MD)/18010/2018closed

S.Chandrasekar v. The Inspector Of Police

2018-10-09Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.18010 of 2018

1. S.Chandrasekar 2.S.Ravikumar

3. V.Sankar ... Petitioners Vs.

The State Rep. by The Inspector of Police Uraiyur Police Station Uraiyur Trichy District

...Respondent

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent not to harass the petitioners. For Petitioner : Mr.S.R.Suresh Kumar For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioners.

2. Heard learned counsel appearing for the petitioners and learned Government Advocate(Crl.Side) for the respondent.

3. The learned Government Advocate(Crl.Side) appearing for the respondent police submits that on the complaint given against the petitioner, petition enquiry is pending in C.S.R No. 376 of 2018 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 https://hcservices.ecourts.gov.in/hcservices/

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, 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(CS-I) To

1. The Inspector of Police Uraiyur Police Station Uraiyur Trichy District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC To MR.S.R.SURESH KUMAR, Advocate SR. NO. 89630 Crl.O.P.(MD)No.18010 of 2018 09.10.2018 AAV TR/RSK/SAR-I(16.10.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/