Madras High CourtCRL OP/19802/2016dismissed

Sheeladevi v. The Inspector Of Police

2016-09-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19802 of 2016 Sheeladevi .. Petitioner Vs State by Inspector of Police, S.R.M.C.Police Station, Chennai, Thiruvallur District. .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to issue necessary direction to the Respondent not to harass the petitioner and her family members and to save the petitioner and her family members.

For Petitioner :

Mr.R.Ramesh For Respondent :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent not to harass the petitioner and her family members and to save the petitioner and her family members.

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 a regular case in Cr.No.1585 of 2016 was registered on 25.08.2016 for the offences u/s 341, 342, 324, 506(ii) and 379 IPC.

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 criterion. 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 https://hcservices.ecourts.gov.in/hcservices/

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, the Criminal Original Petition is closed. Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

kmi To

1. The Inspector of Police, S.R.M.C.Police Station, Chennai, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras. Crl.OP No.19802 of 2016 KSJ (CO) MD : 03/10/2016 https://hcservices.ecourts.gov.in/hcservices/