J.Anandaraj v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5085 of 2019

1. J.Anandaraj

2. Iman @ Arvind .. Petitioners Vs.

State: Inspector of Police(L&O), F-1, Childadripet Police Station, Chennai-600 002.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police "Not to harass" the petitioner or his family members including his eldest son Iman @ Arvind the second petitioner. For Petitioners : M/s.N.F.J.Ponnudurai 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 petitioners in connection with Crime No. 307 of 2018 pending on the file of Respondent Police.

2.

Heard the learned Counsel for the petitioners and learned Additional Public Prosecutor for the respondent police. 3.

The learned counsel appearing for the petitioners 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.307 of https://hcservices.ecourts.gov.in/hcservices/

2018 The case where the FIR is pending against the petitioners, there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C., under the caption "Not to harass". 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 mpa/lpp To 1.The Inspector of Police(L&O), F-1, Childadripet Police Station, Chennai-600 002.

2.The Public Prosecutor, High Court of Madras.

+1 cc to Mr.N.F.J.Ponnudurai, Advocate Sr.No.17859 Crl.O.P.No. 5085 of 2019 BS(CO) CSL/20.03.2019 https://hcservices.ecourts.gov.in/hcservices/