M.Ramachandran v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Ramachandran ....
Petitioner Vs State Rep.By, The Inspector of Police, J-13, Taramani Police Station, Chennai - 600 113.
....
Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Respondent Not to Harass the petitioner in connection with complaint dated 20.02.2025 given by the Defacto complainant Mrs.Karpagam, pending on the file of the Respondent Police.
For Petitioner : Mr. S.Udhaya Kumar For Respondent : Mr. A.Gopinath Government Advocate (Crl. Side) O R D E R This petition has been filed seeking a direction to the respondent police not to harass the petitioner in connection with the complaint dated 20.02.2025 given by the defacto complainant, pending on the file of the respondent Police.
2.
The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioners under the guise of enquiry. 3.
The learned Government Advocate (Crl.Side) appearing for the respondent police submits that on the complaint given by one Karpagam, the respondent police registered a case in Crime No.141 of 2021 as against the petitioner and called for enquiry. 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.
25.02.2025 Index : Yes/No : Yes/No Lpp
To
1. The Inspector of Police, J-13, Taramani Police Station, Chennai - 600 113.
2. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No. 5137 of 2025 25.02.2025