G.Syed Kasim v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6256 of 2020 G.Syed Kasim ... Petitioner Vs.
1.The State rep. by Superintendent of Police Tiruvannamalai District Vengikal Tiruvannamalai 606 604 2.The Inspector of Police Cheyyar Police Station Cheyyar 604 407 Tiruvannamalai District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying for a direction to direct the 2nd respondent not to harass, threaten or intimidate the petitioner and his family members under the guise of enquiry / search, without any complaint.
For Petitioner : Mr.P.Kannan Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
(The case has been heard through video conference) This petition has been filed by the petitioner seeking for a direction to direct the the 2nd respondent to not to harass, threaten or intimidate the petitioner and his family members under the guise of enquiry / search, without any complaint. 2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondents. 3.The learned counsel appearing for the petitioner would submit that the respondent police harassed the petitioner under https://hcservices.ecourts.gov.in/hcservices/
the guise of enquiry.
4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is an accused in Crime No.16 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" does 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 stands dismissed. Sd/- Assistant Registrar(AD I) //True Copy// Sub Assistant Registrar kas To
1. Superintendent of Police Tiruvannamalai District Vengikal, Tiruvannamalai 606 604
2. The Inspector of Police Cheyyar Police Station Cheyyar 604 407 Tiruvannamalai District
3. The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P.No.6256 of 2020 KS(CO) KKV/13/07/2020 https://hcservices.ecourts.gov.in/hcservices/