Vikaramai v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19350 of 2016 Vikaramai .. Petitioner Vs The Inspector of Police Town Police Station Krishnagiri Taluk District. .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent not to harass, interfere with the petitioner and his family members day to day activities. For Petitioner :Ms.Selvi George For Respondent :Mr.C.Emalias, Addl.Public Prosecutor
ORDER
This petition has been filed to direct the respondent not to harass, interfere with the petitioner and his family members day to day activities.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.
3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that this petitioner is an accused in Crime No.204 of 2016 for the offences under Sections 447 of IPC and the investigation is pending before the respondent police.
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 criterian. 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 https://hcservices.ecourts.gov.in/hcservices/
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 VI) //True Copy// Sub Assistant Registrar To
1. The Inspector of Police Town Police Station Krishnagiri Taluk District.
2.The Public Prosecutor High Court,Madras.
+1cc to Mrs.Selvi George, Advocate sr.51447 Crl.OP No.19350 of 2016 kk[co] srg 28/09/2016 https://hcservices.ecourts.gov.in/hcservices/