Kesavan, Aged 52 Years, v. The State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19072 of 2018 Kesavan .. Petitioner Vs State rep. by 1.The Superintendent of Police, Thiruvarur, Thiruvarur District.

2.The Inspector of Police, Kodavasal Police Station, Thiruvarur District.

Crime No.173/2018 .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent herein not to harass the petitioner in any manner except by the due process of law pursuant to the representation dated 25.07.2018. For Petitioner : Ms.L.Srileka For Respondents : Mr.C.Raghavan, GA

O R D E R

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioner under the guise of enquiry.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.When the matter was taken up for hearing, the learned Government Advocate submitted that a regular FIR has been registered in Crime No.173 of 2018 against the petitioner on the file of the 2nd respondent.

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

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 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.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Thiruvarur, Thiruvarur District.

2.The Inspector of Police, Kodavasal Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

CRL.OP.No.19072 of 2018 GSP(21/08/2018) https://hcservices.ecourts.gov.in/hcservices/