Pachaiappan @ Thirunavukkarasu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 11869 of 2020 1.Pachaiappan @ Thirunavukkarasu, S/o.Ponnusamy Gounder, Andipatty, Kollakottai, Chengam Taluk, Tiruvannamalai District.

2.Vinoth S/o.Arumugam, No.39, Andipatty Village, Chengam Taluk, Tiruvannamalai District.

3.Balraj, S/o.Arumugam, No.39, Andipatty Village, Chengam Taluk, Tiruvannamalai District.

4.Velan, S/o.Pachaiappan, Andipatty, Kollakottai, Chengam Taluk, Tiruvannamalai District.

... Petitioners Vs.

The State rep.by The Sub-Inspector of Police, Mel Chengam Police Station, Mel Chengam, Tiruvannamalai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent police not to harass the petitioners.

For Petitioner : Mr.R.Rajarajan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petitioner has been filed for direction directing the respondent police not to harass the petitioners. 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 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 petitioners for enquiry in the pending FIR in Crime No.241 of 2019. 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 //True Copy// Sub Assistant Registrar bkn To 1.The Sub-Inspector of Police, Mel Chengam Police Station, Mel Chengam, Tiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.11869 of 2020 MR(CO) RMP(12/10/2020) https://hcservices.ecourts.gov.in/hcservices/