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Madras High CourtCRL OP/3333/2019disposed of

T.Ramalingam v. The Inspector Of Police

2019-02-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 3333 of 2019 T.Ramalingam 2.R.Rani 3.Sivakumar 4.Maheswari

...Petitioners

Vs.

The Inspector of Police, E-8, Kelambakkam Police Station, Kelambakkam, Kanchipuram.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent Police not to harass the petitioners in Crime No.331 of 2018 pending on the file of Respondent Police.

For Petitioner : M/s.A.Kayal Vizhi For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

This petition has been filed seeking for a direction to the respondent police not to harass the petitioners in Crime No. 331 of 2018 pending on the file of Respondent Police.

2.

Heard the learned Counsel for the petitioners and learned Additional Public Prosecutor for the respondent police.

3.

The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioners under the guise of enquiry.

4.

The learned Additional Public Prosecutor appearing for the respondent police submits that the police called the petitioners for enquiry in the pending FIR in Crime No.331 of 2018. The case where the FIR is pending against the petitioners, there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C., under the caption "Not to harass".

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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 respondent police. Hence, this Criminal Original petition is dismissed.

Sd/- Assistant Registrar(CS iv) //True Copy// Sub Assistant Registrar lpp To 1.The Inspector of Police, E-8, Kelambakkam Police Station, Kelambakkam, Kanchipuram.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 3333 of 2019 A.SK(04/03/2019) https://hcservices.ecourts.gov.in/hcservices/