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Madras High CourtCRL OP/5728/2019disposed of

Gandhimathi v. The Superintendent Of Police,

2019-03-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5728 of 2019 Gandhimathi

...Petitioner

Vs.

1. The Superintendent of Police, Tiruppur District.

2. The Deputy Superintendent of Police, Tiruppur District.

3. The Inspector of Police, Palladam Police Station, Tiruppur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue direction directing the 3rd respondent and its subordinates not to interfere in civil dispute pending in O.S.No. 32 of 2019 on the file of the Principal District Court, Tiruppur and not to harass the petitioner by considering her representation dated 16.02.2019 to the respondents. For Petitioner : Mr.R.Prabakar For Respondents: Mr.C.Raghavan Government Advocate (Criminal Side)

ORDER

This petition has been filed seeking direction to the 3rd respondent and its subordinates not to interfere in civil dispute pending in O.S.No. 32 of 2019 on the file of the Principal District Court, Tiruppur and not to harass the petitioner by considering her representation dated 16.02.2019 to the respondents.

2.

Heard the learned Counsel for the petitioner and learned Government Advocate (Criminal Side) 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 Government Advocate (Criminal Side) appearing for the respondent police submits that the police called the petitioner for enquiry in the pending FIR in Crime No.192 of 2019. The case where the FIR is pending against the petitioner, 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 ssr/kas To

1. The Principal District Court, Tiruppur

2. The Superintendent of Police, Tiruppur District.

3. The Deputy Superintendent of Police, Tiruppur District.

4. The Inspector of Police, Palladam Police Station, Tiruppur District.

5. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 5728 of 2019 rk(co) nr 08/05/2019