The court directed the petitioners to cooperate with a police enquiry initiated against them as the fourth respondent. It cautioned police officers not to harass petitioners in the guise of repeated enquiries without registering an FIR.
Directed petitioners to cooperate with the police for enquiry without harassment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Original Petition Nos.12288 & 12290 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition Nos.12288 & 12290 of 2023
1.J.Jothy
2.Ushadevi
3.Kavichithraa Mahalingam Jothy
Saaj Vignesha
...Petitioners in Crl.O.P.No.12288/2023
...Petitioner in Crl.O.P.No.12290/2023
Vs
1.The Commissioner of Police, EVK Sampath Road, Vepery, Chennai - 600 007.
2.The Inspector of Police, H3-Tondiarpet Police Station, Korukkupet, Tondiarpet, Chennai - 600 081.
3.R.Chinram
Assistant Deputy Superintendent of Police, Theni District, Tamil Nadu - 625 321.
4.Padma Vaishika ... Respondents in both Crl.O.Ps. [R4 impleaded as per orders of this Court in Crl.M.P.No.9927/2023 in Crl.O.P.No.12288/2023 & Crl.M.P.No.9930/2023 in Crl.O.P.No.12290/2023]
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Criminal Original Petition Nos.12288 & 12290 of 2023
PRAYER : Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondents 1 and 2 to provide adequate police protection to the petitioners.
For Petitioners : Mr.A.Shabnam Banu For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] Mr.Mohana Krishnan for M/s.M.Raja Kantha [R4]
*****
COMMON ORDER
These petitions have been filed by the husband and in-laws of the
fourth respondent seeking for police protection.
Prosecutor appearing for respondents 1 and 2 and learned counsel appearing for fourth respondent.
station with a view to humiliating them.
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Criminal Original Petition Nos.12288 & 12290 of 2023
notice of this Court that the impleaded fourth respondent has already given
a complaint before the Inspector of Police, W7 All Women Police Station,
Anna Nagar and based on the same, an enquiry has been initiated in CSR No.219 of 2023 dated 07.06.2023. As a consequence, notices have also been sent to petitioners to attend enquiry.
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, the respondent police is free to register an FIR and this order shall not be a shield for the petitioners against the respondent police proceeding to take action in accordance with law.
N.ANAND VENKATESH, J
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Criminal Original Petition Nos.12288 & 12290 of 2023
gm
These Criminal Original Petitions are disposed of in the above terms.
17.07.2023
Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm
To
Criminal Original Petition Nos.12288 & 12290 of 2023
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1 issue framed by the court
Whether the petitioners for police protection must cooperate with a pending police enquiry initiated against them.
Colour shows how this judgement treated each authority
Lalitha Kumari Vs. Government of Uttar PradeshExplained¶39
Lalitha Kumari Vs. Government of Uttar Pradesh 2013 (6) CTC 353
1 provisions across 1 enactments
J. Jothy
Ushadevi
Kavichithraa Mahalingam Jothy
Saaj Vignesha
The Commissioner of Police
The Inspector of Police
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
