Madras High CourtCRL OP/10518/2025disposed of

Kottaisamy v. State Rep. By The Inspector Of Police

2025-04-07Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

1. Kottaisamy S/o Ulaganathan, No.27-A, 3rd Cross Street (Ground Floor), Kamarajar Street, Puthagaram, Kolathur, Chennai 600 099.

2. Sarveshwaran S/o Ulaganathan, No.27-A, 3rd Cross Street (First Floor), Kamarajar Street, Puthagaram, Kolathur, Chennai - 600 099.

3.Pradeep Chakravarthy, S/o Ulaganathan, No.8, Bashiyam Nagarm Madhavaram Milk Colony, Chennai 600051.

Petitioner(s) Vs

1. State rep. by The Inspector of Police, All Women Police Station, Puzhal, Chennai.

Crime No 2/2025.

Respondent(s)

PRAYER To direct the respondent police not to harass the petitioners in connection with the case in Crime No 2/2025 pending investigation on the file of the respondent police.

For Petitioner(s):

Mr. A. BALAMURUGAN For Respondent(s):

Mr. R.VinothRaja, Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking direction to the respondent police not to harass these petitioners in connection with Crime No. 2 of 2025 pending on the file of Respondent Police.

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

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the police called the petitioners for enquiry in the pending FIR in Crime No.2 of 2025. The case where the FIR is pending against the petitioners, 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. 07-04-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police All Women Police Station, Puzhal, Chennai.

Crime No 2/2025.

2.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

AT CRL OP No. 10518 of 07-04-2025