S.G.S.Agro Farms Pvt Ltd v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7054 of 2019 1.S.G.S.Agro Farms Pvt. Ltd., rep. By its Managing Director G.Rajakumar 2.S.G.Sekar ... Petitioners Vs.

The Inspector of Police, Economic Offence Wing, Sidco, Old Corporate Building, 1st Floor, Garment Estate, Thiru.V.Ka. Industrial Estate, Guindy, Chennai-600 032.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass the petitioners in Crime No.5 of 2017 and permitting the petitioners to settle the dues to the customers within a period of 18 months. For Petitioners : Mr.B.Nedunchezhiyan 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 petitioner in Crime No.5 of 2017.

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 Additional Public Prosecutor appearing for the respondent police submits that the police called the petitioner for enquiry in the pending FIR in Crime No.5 of 2017. The case where the FIR is pending against the petitioners, there is no scope for https://hcservices.ecourts.gov.in/hcservices/

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(CS) //True Copy// Sub Assistant Registrar lpp/mpa To 1.The Inspector of Police, Economic Offence Wing, Sidco, Old Corporate Building, 1st Floor, Garment Estate, Thiru.V.Ka. Industrial Estate, Guindy, Chennai-600 032.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 7054 of 2019 skv (CO) A.SK(22/04/2019) https://hcservices.ecourts.gov.in/hcservices/