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Madras High CourtCRL OP/11952/2025dismissed

Kaleeswari v. The Commissioner Of Police

2025-04-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Kaleeswari 2.Rajeshwari 3.Vadivel ... Petitioners Vs.

1.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai 2.The Assistant Commissioner of Police, Central Crime Branch, Greater Chennai City Police, Vepery, Chennai 3.The Inspector of Police, Central Crime Branch, Greater Chennai City Police, Vepery, Chennai .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the 2nd and 3rd respondents not to harass the petitioners.

For Petitioners : Mr.S.Sathish

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

O R D E R

This petition has been filed seeking direction to the 2nd and 3rd respondents not to harass the petitioners. 2.

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

3.

The learned Government Advocate(crl.side) appearing for the respondents police submits that already FIR has been registered in crime No.229 of 2024 against the petitioners. 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.

22.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai 2.The Assistant Commissioner of Police, Central Crime Branch, Greater Chennai City Police, Vepery, Chennai 3.The Inspector of Police, Central Crime Branch, Greater Chennai City Police, Vepery, Chennai 4.The Public Prosecutor, High Court, Madras.

22.04.2025