P.Sathiyamurthy v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Sathiyamurthy

...Petitioner

Vs.

1.The Deputy Commissioner of Police, Adyar, Chennai 600 020.

2.The Inspector of Police, J-5, Sastri Nagar Police Station, Chennai 600 090.

3.Mr.P.Manivannan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent Police not to harass the petitioner to evict the premises with in the month.

For Petitioner : Mr.N.Saravanan For Respondent : Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This petition has been filed seeking direction to the respondent police not to harass the petitioner to evict the premises within the month.

2.Heard the learned Counsel for the petitioner and learned Government Advocate (crl.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 (crl.side) appearing for the respondent police submits that already the FIR has been registered against the petitioner in Crime No.74 of 2023. 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.

04.05.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order vkr To 1.The Deputy Commissioner of Police, Adyar, Chennai 600 020.

2.The Inspector of Police, J-5, Sastri Nagar Police Station, Chennai 600 090.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, vkr 04.05.2023