G.Subash v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.06.2016
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.11656 of 2016 G.Subash ... Petitioner Vs The State rep by its The Inspector of Police, E-1, All Women Police Station, Ponneri, Tiruvallur District.
... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent police not to harass the petitioner and his family members.
For Petitioner : Mr.A.Ramesh Manikandan For Respondent : Mr.C.Emalias, APP
O R D E R
This petition has been filed to direct the respondentpolice not to harass the petitioner and his family members.
2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.
3. Learned Additional Public Prosecutor submitted that on a complaint by one Devika, the respondent-police have registered a case in Crime No.1 of 2016 for the offences under Sections 498A, 294[b] and 506[i] IPC against this petitioner.
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 https://hcservices.ecourts.gov.in/hcservices/
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.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, E-1, All Women Police Station, Ponneri, Tiruvallur District.
2.The Public Prosecutor, High Court, Madras.
+1cc to M/S A.Ramesh Manikandan, Advocate sr.30844 CRL.OP.No.11656 of 2016 rk[co] srg 17/06/2016 https://hcservices.ecourts.gov.in/hcservices/