Madras High CourtCRL OP/21567/2018closed

C. Mariappan, Aged 20 Years, v. The State Rep. By

2018-10-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.21567 of 2018 C.Mariappan .. Petitioner Vs 1.The State rep. by The Superintendent of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Inspector of Police, Karumathampatty Police Station, Coimbatore District, the 2nd respondent herein, not to harass the petitioner without following due process of law under the garb of conducting inquiry in connection with the case in Crime No.366 of 2018 on the file of the 2nd respondent.

For Petitioner : Mr.S.Kumarsankar For Respondents : Mr.C.Raghavan, GA

O R D E R

This petition has been filed to direct the respondents not to harass the petitioner under the guise of enquiry. 2.Heard the learned counsel for the petitioner and the learned Government Advocate and perused the materials placed on record.

3.When the matter is taken up for hearing, the learned Government Advocate submitted that on the complaint lodged by one Kaliappan, the 2nd respondent registered a case in Crime No.366 of 2018 is pending investigation, in which, the role of the petitioner is being suspected by the Police. 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 criterion. 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 has dealt with this aspect at length and passed a detailed order in the case of Dorand and Others Vs the https://hcservices.ecourts.gov.in/hcservices/

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 V) //True Copy// Sub Assistant Registrar gya To 1.The Superintendent of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

SKV(CO) sm:23.10.2018 Crl.O.P.No.21567 of 2018 https://hcservices.ecourts.gov.in/hcservices/