R.Govindaraj v. State Rep. By Its The Inspector Of Police (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R. Govindaraj ... Petitioner

Versus

State Rep.by its, The Inspector of Police, (Crime), T-12, Selaiyur Police Station, Chennai - 600 073.

.. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the respondent Police not to harass the petitioner by appreciating facts and circumstances of the case.

For Petitioner : Mr. MA. Gouthaman For Respondents : Mr. A. Gopinath, Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking direction to the respondent police not to harass the petitioner by appreciating facts and circumstances of the case.

2.

The learned counsel for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry. 3.

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.634 of 2024. The case where the FIR is pending against the petitioner, there is no scope for this Court to entertain the petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the caption "Not to harass".

4.

Heard the learned counsel appearing on either side and perused the materials placed on record.

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.

17.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt To

1. The Inspector of Police, (Crime), T-12, Selaiyur Police Station, Chennai - 600 073.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

klt 17.03.2025