Selvi v. The City Police Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Selvi, aged about 45 years, W/o. Murugesan, No,360, PP Garden, 5th Street, Aminjikarai, Chennai District.
... Petitioner Vs.
1. The City Police Commissioner, Chennai City Police Commissioner Office, Chennai District.
2.The Inspector of Police, Choolaimedu Police Station, Chennai District.
.. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to issue suitable directions of the respondent not to harass the petitioner under the guise of enquiry and pass suitable orders.
For Petitioner : Mr.A.Don Bosco For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl. Side)
O R D E R
This petition has been filed seeking direction to issue suitable directions to the respondent not to harass the petitioner under the guise of enquiry.
2. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.
3. Mr.K.M.D.Muhilan, 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.29 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 appearing 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.
12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order To,
1. The City Police Commissioner, Chennai City Police Commissioner Office, Chennai District.
2.The Inspector of Police, Choolaimedu Police Station, Chennai District.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
bsm 12.02.2025