R. Krishnasamy @ Periya Thambi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4621 of 2022 R.Krishnasamy @ Periya Thambi, S/o.Ramasamy

...Petitioner

Vs.

1. The Superintendent of Police, Upper Bazaar, Ooty, Nilgiri District - 643 001.

2. The Inspector of Police, Sholurmattam Police Station, Udgamandalam, Nilgiries District.

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents not to harass the petitioner. For Petitioner : Mr.T.P.Marimuthu For Respondents : Mr.V.Meghanathan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the respondents not to harass the petitioner. 2.The learned counsel appearing for the petitioner would submit that the respondents police harassed the petitioner under the guise of enquiry and thereby he seeks direction to the respondents not to harass the petitioner in the guise of enquiry. 3.Mr.V.Meganathan, learned Government Advocate (criminal side) appearing for the respondents would submit that on the complaint given by the one Nirmala in respect of missing of her minor daughter, a case in Crime No.49 of 2021 for the offences https://hcservices.ecourts.gov.in/hcservices/

under Section 5L read with Section 6 of POCSO Act, 2012 has been registered. He would further submit that the petitioner is an accused in this case. Further, the respondents are not harassing the petitioner.

4.Heard both sides and perused the materials available on record.

5.Under such circumstances, once the regular FIR has been registered, the question of "Not to harass" will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondents police.

6.Hence, this Criminal Original Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar shk/arb To

1. The Superintendent of Police, Upper Bazaar, Ooty, Nilgiri District - 643 001.

2. The Inspector of Police, Sholurmattam Police Station, Udagamandalam, Nilgiries District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.T.P.Marimuthu, Advocate, S.R.No.13470 Crl.O.P.No.4621 of 2022 GSM(CO) RGA(17/03/2022) https://hcservices.ecourts.gov.in/hcservices/