Madras High CourtCRL OP/4511/2019dismissed

Zaibunnisa v. The Superintendent Of Police

2019-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4511 of 2019 Zaibunnisa .. Petitioner Vs 1.The Superintendent of Police, Tiruvallur District, Tiruvallur 2.The State Rep.by Inspector of Police W-30, All Women Police Statino, Poonamallee, Tiruvallur District.

(Crime No.21 of 2018) ..Respondents Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent police herein to not harass the petitioner in any manner.

For Petitioner : M/s.Ayisha Abbas For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

This petition has been filed seeking direction to the respondent police not to harass the petitioner in connection with Crime No. 21 of 2018 pending on the file of Respondent Police.

2. Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondents police.

3. The learned counsel appearing for the petitioner 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 petitioner for enquiry in the pending FIR in Crime No.21 of 2018. The case where the FIR is pending against the petitioner, https://hcservices.ecourts.gov.in/hcservices/

there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C., under the caption "Not to harass".

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-VIII) //True copy// Sub Assistant Registrar lpp/vsn To 1.The Superintendent of Police, Tiruvallur District, Tiruvallur 2.The state Rep.by Inspector of Police W-30, All Women Police Statino, Poonamallee, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4511 of 2019 RR(CO) GMY(22/03/2019) https://hcservices.ecourts.gov.in/hcservices/