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Madras High CourtCRL OP/20703/2018dismissed

Eswara Sai Teju @ Eswar v. The Inspector Of Police

2018-08-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI CRL.OP.No.20703 OF 2018 Eswara Sai Reju @ Eswar ... Petitioner Vs The Inspector of Police (Crime), R-4, Soundarapandianar Angadi Police Station T.Nagar, Chennai-600 017.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., seeking a direction to the respondent police not to harass the petitioner in Complaint in CSR No.167/2018 on the file of the respondent police.

For Petitioner : Mr.M.Shreedhar For Respondent : Mr.C.Raghavan, GA

O R D E R

This Criminal Original Petition has been filed seeking a direction respondent police not to harass the petitioner in Complaint in CSR No.167/2018.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent 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 given by one Ramesh Babu, a case in Crime No.186 of 2018 has been registered under Section 420 against the petitioner.

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 criteria. If 'not to harass' order is passed in this case, where a regular FIR has https://hcservices.ecourts.gov.in/hcservices/

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 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/- Deputy Registrar //True Copy// Sub Assistant Registrar kal To 1.

The Inspector of Police (Crime), R-4, Soundarapandianar Angadi Police Station T.Nagar, Chennai-600 017.

2.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Shreedhar, Advocate, S.R.No.58267 CRL.OP.No.20703 OF 2018 GSP(11/09/2018) https://hcservices.ecourts.gov.in/hcservices/