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Madras High CourtWP/3906/2021disposed of

New Star Association v. The Superintendent Of Police

2021-02-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.3906 of 2021 New Star Association Rep. By its President, S.Thangavel Door No.5/30, Melanaiyatty, Kothagiri, Jilla Kothagiri, Nilgiris District.

.. Petitioner -vs1. The Superintendent of Police Ooty, Nilgiries District.

2. The Deputy Superintendent of Police, Coonor, Nilgiries District.

3. The Inspector of Police, Kothagiri, Nilgiris District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the respondents herein from interfering in any manner with the activities of the petitioner Association including playing of carom, chess and cards and also from harassing the members, the guests or the members of the management of the petitioner Association in any manner except by following due process of law. For Petitioner : Mr.T.Sai Krishnan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking for a direction to direct the Respondents not to harass the Petitioner in the name of enquiry without due process of law.

2.Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor reports that the petitioner is arrayed as accused in Crime No.25 of 2021 and the investigation is pending before the 3rd respondent, the Inspector of Police, Kothagiri, Nilgiris District.

4. 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.

5. Hence, this Writ Petition is dismissed. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rli To

1. The Superintendent of Police Ooty, Nilgiries District.

2. The Deputy Superintendent of Police, Coonor, Nilgiries District.

3. The Inspector of Police, Kothagiri, Nilgiris District.

4.The Public Prosecutor, High Court, Madras.

+1 CC to M/s.T. Sai Krishnan, Advocate sr 10631 W.P.No.3906 of 2021 JPII(CO) SP(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/