Pushpam vs The Commissioner Of Police on 10 December, 2018

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Madras High Court

Pushpam vs The Commissioner Of Police on 10 December, 2018

Bench: M.Nirmal Kumar

                                                      1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 10.12.2018

                                                  CORAM:

                          THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

                                     Crl.O.P.(MD).No. 21775 of 2018
             Pushpam                                          ..      Petitioner
                                                     Vs.

             1. The Commissioner of Police,
                Madurai City.

             2.The Inspector of Police,
               Anna Nagar Police Station (Crime),
               Madurai City.

             3. Josephraja

             4. Aruldeepa                                     ..      Respondents

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


                            For Petitioner            :    Mr.S.M.A. Jinnah

                            For Respondents-1 & 2     : Mr. A. Robinson,
                                                    Government Advocate (Criminal Side).

                            For Respondents-3 & 4     :    Mr.R. Gandhi

                                                    ***
                                                 ORDER

This Criminal Original Petition has been filed seeking, direction to the second respondent not to harass the petitioner under http://www.judis.nic.in the guise of enquiry.

2. Heard learned Counsel for the petitioner and learned Government Pleader (Criminal Side) appearing for the respondents-1 & 2 and the learned Counsel appearing for the respondents-3 & 4.

3. The learned Government Advocate (Criminal Side) would submit that the petition enquiry is pending in C.No.1644 of 2018 under Section 382 of I.P.C., against the petitioner 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 (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. http://www.judis.nic.in 3

5. With the above directions, the Criminal Original Petition is closed.




                                                                            10.12.2018


             Index          : Yes / No
             Internet        : Yes / No
             ksa


             To

              1. The Commissioner of Police,
                 Madurai City.

             2. The Inspector of Police,

Anna Nagar Police Station (Crime), Madurai City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. http://www.judis.nic.in 4 M.NIRMAL KUMAR, J.

ksa Crl.O.P.(MD).No. 21775 of 2018 10.12.2018 http://www.judis.nic.in

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