Sankar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7844 of 2019 1.Sankar 2.N.Ramalingam 3.K.Rajadurai ... Petitioners Vs.

State rep by The Inspector of Police, District Crime Branch, Nagapattinam.

(Crime No.14 of 2013) ... Respondent PRAYER:

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police, not to harass the petitioners in any manner by the respondent police.

For Petitioners : Mr.K.M.Subrahmanian For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent not to harass the petitioners. 2.

Heard the learned Counsel for the petitioners and learned Government Advocate (Crl.Side) for the respondent police.

3.

The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioners under the guise of enquiry.

4.

The learned Government Advocate (Crl.Side) would submit that the petitioners are arrayed as accused No.3 to 5 in the FIR in Crime No.14 of 2013. In the case where the FIR is pending against the petitioners, there is no scope for this Court to https://hcservices.ecourts.gov.in/hcservices/

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(CS IV) //True Copy// Sub Assistant Registrar mpa/kas To

1. The Inspector of Police, District Crime Branch, Nagapattinam.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7844 of 2019 AK(CO) CS/03/05/2019 https://hcservices.ecourts.gov.in/hcservices/