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Madras High CourtCRL OP/4690/2020disposed of

K. Loganathan v. The Inspector Of Police

2020-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4690 of 2020 K. Loganathan

...Petitioner

Vs.

The Inspector of Police, Central Crime Branch, Tirupur City.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent not to harass the petitioner while the investigation in Crime No.28 of 2017 is still pending before the learned Judicial Magistrate No.III, Tiruppur.

For Petitioner : Mr.T. Nixon For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

This petition has been filed seeking direction to the respondent not to harass the petitioner while the investigation in Crime No.28 of 2017 is still pending before the learned Judicial Magistrate No.III, Tiruppur.

2.

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

The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner 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.28 of 2017. The case where the FIR is pending against the petitioner, https://hcservices.ecourts.gov.in/hcservices/

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 kv To 1.The Judicial Magistrate III Thiruppur.

2.The Inspector of Police, Central Crime Branch, Tirupur City.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 4690 of 2020 BP(CO) RN(22/05/2020) https://hcservices.ecourts.gov.in/hcservices/