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Madras High CourtCRL OP/15625/2018closed

Raja @ Mechanic Raja v. State Rep. By

2018-06-28Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.15625 OF 2018 Raja @ Mechanic Raja ... Petitioner Vs State rep. by

1. The Commissioner of Police Greater Chennai Chennai-7.

2. The Inspector of Police Chromepet Police Station Chennai.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., seeking a direction to the respondents not to harass the petitioner and his family members without due process of law.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents not to harass the petitioner and his family members.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents and perused the materials placed on record.

3. When the matter is taken up for hearing, the learned

Government Advocate (Crl. Side) submitted that a case in Crime No.1089 of 2017 was registered for the offence under Section 110 Cr.P.C.

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.

28.06.2018 Speaking / Non-speaking order Internet : Yes / No Index : Yes / No mk To

1. The Commissioner of Police Greater Chennai, Chennai-7.

2. The Inspector of Police Chromepet Police Station Chennai.

3. The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

mk CRL.OP.No.15625 of 2018 28.06.2018