A.Nainar Kani, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.17032 of 2018 A.Nainar Kani ... Petitioner Vs State rep. by The Inspector of Police, B-2 Esplanade Police Station, Chennai-104.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent not to harass the petitioner deliberately.

For Petitioner : Mr.Y.Mohamed Ghouse For Respondent : Mr.C.Raghavan, GA

O R D E R

This petition has been filed to direct the respondent not to harass the petitioner.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials placed on record.

3.When the matter was taken up for hearing, the learned Government Advocate submitted that this petitioner is an accused in Crime No.226 of 2018 on the file of 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 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. https://hcservices.ecourts.gov.in/hcservices/

Hence, this petition is dismissed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar gya To 1.The Inspector of Police, B-2 Esplanade Police Station, Chennai-104.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.17032 of 2018 VGII(CO) SP(13/07/2018) https://hcservices.ecourts.gov.in/hcservices/