Kavya v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2018

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2686 of 2019 Kavya ... Petitioner Vs.

The Inspector of Police S-10, Pallikarania Police Station Kancheepuram District (Crime No.937/2017) ... Respondent Prayer:Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code to direct the respondent police not to harass the petitioner and her family based on the Crime No.937 of 2017 on the file of the respondent police. For Petitioner : Mr.B.Sharmila For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the respondent police not to harass these petitioner in connection with Crime No.937 of 2017 pending on the file of Respondent Police.

2.

Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent 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.937 of 2017. The case where the FIR is pending against the petitioner, there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C., under the caption "Not to harass". https://hcservices.ecourts.gov.in/hcservices/

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 //True Copy// Sub Assistant Registrar rpl To 1.The Inspector of Police S-10, Pallikarania Police Station Kancheepuram District 2.The Public Prosecutor High Court of Madras 3.The Section Officer Criminal Section High Court of Madras +1 cc to M/s.B.Sharmila, Advocate, S.R.No.11158 Crl.O.P.No.2686 of 2019 EV(CO) SSM(11/02/2019) https://hcservices.ecourts.gov.in/hcservices/