Madras High CourtCRL OP/23258/2016dismissed

B. Sampath, Age 62 Years, v. State Rep. By The Assistant

2016-11-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.23258 OF 2016 B.Sampath ... Petitioner Vs

1. State Rep. by The Assistant Commissioner of Police Vadapalani, Chennai-600 026.

2. The Inspector of Police, Crime R-8, Vadapalani Police Station, Vadapalani, Chennai-600 026.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner in Crime No.982 of 2016 on the file of the respondent police. For Petitioner : Mr.V.Kannadasan For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents not to harass the petitioner in Crime No.982 of 2016 on the file of the respondent police.

2. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that this petitioner is an accused in Crime No.982 of 2016 and the investigation is pending before the 2nd 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 https://hcservices.ecourts.gov.in/hcservices/

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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mk To

1. The Assistant Commissioner of Police Vadapalani, Chennai-600 026.

2. The Inspector of Police, Crime R-8, Vadapalani Police Station, Vadapalani, Chennai-600 026.

3. The Public Prosecutor, High Court, Madras. CRL.OP.No.23258 of 2016 ssl(co) aa24/11/2016 https://hcservices.ecourts.gov.in/hcservices/