Madras High Court
S.Ramalingam vs The Commissioner Of Police on 29 January, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Crl.O.P.No.1232 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.1.2024
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.No.1232 of 2024
S.Ramalingam ...Petitioner
Vs.
1.The Commissioner of Police,
Coimbatore.
2.The Assistant Commissioner of
Police, Coimbatore East.
3.The Inspector of Police,
Peelamedu Police Station,
Coimbatore District.
4.Justin James, representing as
partner of J2Z Water Knowledge
System Private Limited,
Coimbatore-45. ...Respondents
Criminal Original Petition under Section 482 of the Criminal
Procedure Code praying to direct the third respondent not to harass
the petitioner under the guise of enquiry at the instance of the fourth
respondent.
For Petitioner : Mr.M.Mohamed Riyaz
For Respondents 1 to 3 : Mr.A.Damodaran, APP
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.1232 of 2024
ORDER
This Criminal Original Petition has been filed seeking to direct the third respondent not to harass the petitioner under the guise of enquiry.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 to 3.
3. The learned Additional Public Prosecutor appearing for respondents 1 to 3 submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.S.R. No.2454 of 2023 on the file of the third respondent.
4. The petitioner is directed to co-operate 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 the Supreme Court of India in the case of Lalitha Kumari Vs. Government of Uttar Pradesh [reported in 2013 (6) CTC 353] has enumerated the nature of cases where the preliminary enquiry can be conducted and has also restricted the 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1232 of 2024 period, for which, the preliminary enquiry can be conducted. During the course of enquiry, if any cognizable offence is made out, the third respondent is free to register an FIR and this order shall not be a shield for the petitioner against the third respondent proceeding to take action in accordance with law.
5. With the above directions, the Criminal Original Petition is closed.
29.1.2024 Index : Yes/No Speaking Order : Yes/No To
1.The Commissioner of Police, Coimbatore.
2.The Assistant Commissioner of Police, Coimbatore East.
3.The Inspector of Police, Peelamedu Police Station, Coimbatore District.
4.The Public Prosecutor, High Court, Madras.
rka N.ANAND VENKATESH,J 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1232 of 2024 rka CRL.O.P.No.1232 of 2024 29.1.2024 4/4 https://www.mhc.tn.gov.in/judis