Disposed

D.Venkatesh v. the Inspector of Police (Crime)

Madras HC19 Sept 2023CRL OP/21270/2023

Case brief

AI extract

What is this about?

The Court granted protection against police harassment during a pending preliminary inquiry. The petitioner must cooperate, police cannot make regular calls without an FIR, and preliminary inquiry is restricted per Lalitha Kumari.

What did the court decide?

Directed the petitioner to cooperate with the pending Inquiry; restrained the police from calling the petitioner regularly without an FIR.

D.Venkatesh Vs the Inspector of Police (Crime) — Writ and Judicial Review | Madras HC (2023)

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Crl.O.P.No.21270 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.9.2023

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CORAM :

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THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P.No.21270 of 2023

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D.Venkatesh ...Petitioner

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Vs.

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The Inspector of Police (Crime), F-3 Nungambakkam Police Station, Nungambakkam, Chennai-34.

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...Respondent

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Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the respondent not to harass the petitioner under the guise of enquiry.

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For Petitioner : Mr.R.Jaganathan For Respondent : Mr.A.Damodaran, APP

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ORDER

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This Criminal Original Petition has been filed seeking to direct the respondent not to harass the petitioner under the guise of enquiry.

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

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1/3

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21270 of 2023

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The learned Additional Public Prosecutor appearing for the

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respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.No. 48 of 2023 on the file of the respondent.

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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 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 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.

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With the above directions, the Criminal Original Petition is

closed.

19.9.2023

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21270 of 2023

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Index : Yes/No Speaking Order : Yes/No

N.ANAND VENKATESH,J

ssr

1.The Inspector of Police (Crime), F-3 Nungambakkam Police Station, Nungambakkam, Chennai-34.

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2.The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.21270 of 2023

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19.9.2023

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3/3

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https://www.mhc.tn.gov.in/judis

D.Venkatesh v. the Inspector of Police (Crime)

Case brief

What is this about?

What did the court decide?

D.Venkatesh v. the Inspector of Police (Crime)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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