Madras High CourtCRL OP/12806/2018closed

M.Vedathal (Female-67 Years) v. The State Of Tamil Nadu Rep.By

2018-06-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.12806 of 2018 M.Vedathal .. Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Inspector of Police, Tharamangalam Police Station, Omalur Thaluk, Salem District.

2.The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Omalur Taluk, Salem District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents not to harass the petitioner and the petitioner's minor granddaughter, namely Minor Thulasimani (aged 17 years).

For Petitioner : Mr.K.Selvaraj For Respondents : Ms.P.Kritika Kamal Govt. Advocate [Crl. Side]

O R D E R

This Criminal Original Petition has been filed praying to direct the respondents not to harass the petitioner and her minor grand daughter under the guise of enquiry. 2.Heard the learned counsel appearing for the petitioner; the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials placed on record. 3.When the matter was taken up for hearing, learned Government Advocate [Crl. Side] submitted that on the complaint lodged by one Arjunan, a regular case in Crime No.186 of 2018 has been registered by the 1st respondent against this petitioner https://hcservices.ecourts.gov.in/hcservices/

on 02.04.2018 under Section 160 of IPC. She also submitted that on the complaint given by one Shanmugam against this petitioner, petition enquiry was conducted by the 2nd respondent and the same was closed on 23.05.2018.

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 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 IX) //True Copy// Sub Assistant Registrar gya To

1. The Inspector of Police, Tharamangalam Police Station, Omalur Thaluk, Salem District.

2. The Inspector of Police, All Women Police Station, Omalur Taluk, Salem District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.12806 of 2018 ppa(co) nr 13/06/2018 https://hcservices.ecourts.gov.in/hcservices/