Madras High CourtCRL OP/5097/2019disposed of

G.Vasu v. State Rep By

2019-02-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5097 of 2019 G.Vasu .. Petitioner Vs.

1.The State rep. by The Superintendent of Police Kancheepuram Kancheepuram District 2.State rep. by The Deputy Superintendent of Police, PEW Kancheepuram Kancheepuram District 3.State Rep. by The Inspector of Police PEW Kancheepuram Police Station Kancheepuram District .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to the direct 3rd Respondent Police not to harass the petitioner based on the false and bogus cases which were registered for statistical purpose. For Petitioner : Mr.R.Sasikumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction to the third Respondent Police not to harass the petitioner based on the false and bogus cases.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor would submit that the petitioner is an habitual offender.

4. It is seen that the petitioner was arrested in Crime No.66 of 2019 for the offence under Sections 4(1)(aaa) and 4(1A) of Tamil Nadu Prohibition Act and Sections 6 and 11 of Tamil Nadu Rectified Spirit Rules, 2000 and he enlarged on bail by an order dated 08.02.2019 by the learned Sessions Judge, Sessions Court No.II, Kancheepuram in CMP.No.467 of 2019. Thereafter, the petitioner received the summon in Crime No.65 of 2019 for the offence under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act. Therefore, the petitioner is an accused in both the cases and 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. Accordingly, this Criminal Original Petition is dismissed.

lpp/mpa Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police Kancheepuram Kancheepuram District 2.The Deputy Superintendent of Police, PEW Kancheepuram Kancheepuram District 3.The Inspector of Police PEW Kancheepuram Police Station Kancheepuram District

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 5097 of 2019 Kak(10/05/2019) https://hcservices.ecourts.gov.in/hcservices/