Mr.M.Jahir Husain, v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.12560 of 2018 M.Jahir Husain .. Petitioner Vs State by, The Superintendent of Police, Thiruvarur, Thiruvarur District.

.. Respondent Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent police not to harass the petitioner in the name of enquiry and to pass such or other as this Court may deem fit and necessary in the circumstances of the case.

For Petitioner : Mr.R.Prabu For Respondent : Ms.P.Kritika Kamal Govt. Advocate [Crl. Side]

O R D E R

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner in the name of enquiry.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3.When the matter was taken up for hearing, learned Government Advocate [Crl. Side] submitted that on the complaint given by one Senthil Kumar, a regular FIR has been registered against this petitioner in Crime No.109 of 2018. 4.Under such circumstances, once a regular FIR has been registered, the question of 'not to harass' will not arise, because the expression 'harassment' is so subjective that it cannot be encapsulated in an objective criteria. If 'not to harass' order is passed in this case, where a regular FIR has been registered, a notice by the Investigating Officer u/s 41 [A] of Cr.P.C. can also be construed as an harassment. This https://hcservices.ecourts.gov.in/hcservices/

Court has dealt with this aspect at length and passed a detailed order in the case of Dorand and Others Vs the Superintendent of Police, Nagercoil, Kanyakumari District and another in Crl.O.P.[MD] No.1727 of 2016 decided on 01.02.2016. Hence, this petition is dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ia To 1.The Superintendent of Police, Thiruvarur, Thiruvarur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Prabhu, Advocate Sr.No.34492 MR(CO) sm:18.6.2018 CRL.OP.No.12560 of 2018 https://hcservices.ecourts.gov.in/hcservices/