P.Vinoth v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Vinoth ... Petitioner Vs State represented by Inspector of Police, P-5, MKB Nagar Police Station, Vyasarpadi, Chennai-600 039.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent police not to harass the petitioner and his family members.

For Petitioner : Mr.M.Muneeswaran For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed directing the respondent police not to harass the petitioner and his family members.

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

3. The learned Government Advocate (Crl.side) appearing for the respondent police submits that the police called the petitioner for enquiry in the pending FIR in Crime No.19 of 2025. The case where the FIR is pending against the petitioner, there is no scope for this Court to entertain the petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the caption "Not to harass".

4. Heard the learned counsel on either side and perused the materials placed 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 respondent police. Hence, this Criminal Original petition is dismissed.

10.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Inspector of Police, P-5, MKB Nagar Police Station, Vyasarpadi, Chennai-600 039.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 10.02.2025