Magadevan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9874 of 2020

1. Magadevan S/o. Govindarajan

2. Shanthi W/o. Magadevan

3. Vijayaperumal S/o. Magadevan

4. M. Sarathkumar S/o. Magadevan

...Petitioners

Vs.

1. State Rep by its., The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent Police not to harass the petitioners in the name of investigation on the file of the Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur. For Petitioners: Mr. P. Muthamizh Selvakumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

This petition has been filed seeking direction to the respondent police not to harass the petitioners in connection with Crime No. 70 of 2020 pending on the file of Respondent Police.

2.

Heard the learned Counsel for the petitioners and learned Additional Public Prosecutor for the respondent police. 3.

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

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4.

The learned Additional Public Prosecutor appearing for the respondent police submits that the police called the petitioners for enquiry in the pending FIR in Crime No.70 of 2020. The case where the FIR is pending against the petitioners, 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. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mp/lok To

1. The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9874 of 2020 PP(CO) RMP(23/07/2020) https://hcservices.ecourts.gov.in/hcservices/