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Madras High CourtCRL OP/6133/2020dismissed

G.Manikandan v. The State By

2020-03-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6133 of 2020 G.Manikandan

...Petitioner

Vs.

1.The State by, The Inspector of Police, E3,Minjur Police Station, Minjur - 601 203.

2.V.Kiran Kumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent police not to harass the petitioner herein under the guise of investigation pertaining to the complaint pending on the file of respondent police.

For Petitioner : Mr.T.K.Sathia Seelan For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor.

O R D E R

This petition has been filed seeking direction to the respondent police not to harass the petitioner in connection with Crime No. 96 of 2020 pending on the file of Respondent Police.

2.

Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the first 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner for enquiry in the pending FIR in Crime No.96 of 2020. 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 ebsi To 1.The Inspector of Police, E3, Minjur Police Station, Minjur - 601 203.

2.The Public Prosecutor, High Court, Madras.

+1cc to DR.T.K.Sathia Seelan, Advocate, S.R.No.23935 Crl.O.P.No.6133 of 2020 SAI(CO) RN(29/05/2020) https://hcservices.ecourts.gov.in/hcservices/