Madras High CourtCRL OP/11572/2016disposed of

Mr.Arokyaraja v. The Commissioner Of Police

2016-06-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.11572 OF 2016 Arokyaraja ... Petitioners Vs 1.The Commissioner of Police, Vepery, Commission Office, Vepery, Chennai.

2.The Deputy Commissioner of Police, T.Nagar Range, T.Nagar, Chennai.

3.The Assistant Commissioner of Police, Vadapalani Range, Vadapalani, Chennai.

4.The Inspector of Police, R-5 Virugambakkam Police Station, Virugambakkam, Chennai.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents 2 to 4 not to harass the petitioner.

For Petitioner : Mr.S.Saranraj For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondents 2 to 4 not to harass the petitioner.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3. It is seen that on a complaint lodged by one Shahul Hameed against this petitioner, the 4th respondent police registered a case in Crime No.81 of 2016 for the offences under Sections 448, 427, 506[i] and 380 IPC and that the petitioner has also obtained anticipatory bail.

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4. Under such circumstances, once a regular FIR has been registered, the question of 'not to harass' will not arise, because the expression 'harassment' is so subjective that it cannot be encapsulated in an objective criteria. If 'not to harass' order is passed in this case, where a regular FIR has been registered, a notice by the Investigating Officer u/s 41[a] of Cr.P.C. can also be construed as an harassment. This Court has dealt with this aspect at length and passed a detailed order in the case of Dorand and Others Vs the Superintendent of Police, Nagercoil, Kanyakumari District and another in Crl.O.P. [MD] No.1727 of 2016 decided on 01.02.2016.

Hence, this petition is dismissed.

gya -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, Vepery, Commission Office, Vepery, Chennai.

2.The Deputy Commissioner of Police, T.Nagar Range, T.Nagar, Chennai.

3.The Assistant Commissioner of Police, Vadapalani Range, Vadapalani, Chennai.

4.The Inspector of Police, R-5 Virugambakkam Police Station, Virugambakkam, Chennai.

5.The Public Prosecutor, High Court, Madras.

rsy(co) prk15/6 CRL.OP.No.11572 OF 2016 https://hcservices.ecourts.gov.in/hcservices/