T.Adhimoorthy v. The Commissioner of Police
Case at a glance
Provisions considered
Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.02.2024CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHCrl.O.P. No.4099 of 2024T.Adhimoorthy...Petitioner Vs1.The Commissioner of Police, Tambaram.
The Inspector of Police, T8-Guduvanchery Police Station, Guduvanchery – 603 202.... RespondentsPRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to NOT TO HARASS the petitioner on the guise of enquiry by subjecting him to appear for enquiry with respect to the aforesaid dispute. For Petitioners: Mr.C.Santhosh KumarFor Respondent: Mr.A.Damodaran Additional Public Prosecutor for R1 and R21/4 https://www.mhc.tn.gov.in/judis
O R D E RThis Criminal Original Petition has been filed to direct the respondents to NOT TO HARASS the petitioner on the guise of enquiry by subjecting him to appear for enquiry with respect to the aforesaid dispute. 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents.
The learned Additional Public Prosecutor appearing for the respondents police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in CSR.No.115 of 2024 on the file of the respondent police.
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 Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353 has enumerated the nature of cases 2/4 https://www.mhc.tn.gov.in/judis 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, the respondents are free to register an FIR and this order shall not be a shield for the petitioner against the respondents proceeding to take action in accordance with law.
With the above directions, the Criminal Original Petition is closed.23.02.2024Index : Yes/NoSpeaking order: Yes/NoNeutral citation: Yes/NossrTo1.The Commissioner of Police, Tambaram. 2. The Inspector of Police, T8-Guduvanchery Police Station, Guduvanchery – 603 202.3.The Public Prosecutor, High Court, Madras.3/4 https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, JssrCrl.O.P. No.4099 of 202423.02.20244/4
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.