Raman v. The Superintendent Of Police

Crl.O.P.(MD) No.15902 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.11.2019

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL.O.P (MD)No.15902 of 2019 Raman ... Petitioner Vs 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, Kadampur Police Station, Kadampur, Tuticorin.

3.Govindaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent not to harass the petitioner in the guise of enquiry on the basis of petitioner's representation dated 23.10.2019.

For Petitioner : Mr.M.Palani For Respondents 1 & 2 : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to direct the second respondent not to harass the petitioner under the guise of enquiry on the basis of petitioner's representation dated 23.10.2019.

2.Heard the learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent Police 1 and 2.

3.The learned Additional Public Prosecutor, on instruction, would submit that the complaint given by the third respondent against the petitioner before the first respondent police on 04.10.2019 has been forwarded to the concerned Deputy Superintendent of Police in turn the same has been forwarded to the Inspector of Police, Kadambur Police Station, Kadambur, on 15.10.2019. He further submitted that the case has been treated at the stage of petition enquiry.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.15902 of 2019 4.The petitioner is directed to cooperate with the police for enquiry and at the time of conducting 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. The Hon'ble Supreme Court 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 and the same has to be complied with. During the course of enquiry, if any cognizable offence is made out, the first respondent is at liberty to register the 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, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) vsgvsg To 1.The Superintendent of Police, Tuticorin District,Tuticorin.

2.The Inspector of Police, Kadampur Police Station, Kadampur,Tuticorin.

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

+1 CC to M/s.M.PALANI, Advocate ( SR-95794[F] dated 04/11/2019 ) CRL.O.P (MD) No.15902 of 2019 04.11.2019 SMA/18/12/19/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2