Madras High CourtCRL OP/19371/2018dismissed

Kumaravel, M/A 51 Years, v. The State Rep By Its,

2018-08-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.19371 of 2018 Kumaravel .. Petitioner Vs The State by Inspector of Police, Panruti Police Station, Cuddalore District.

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

For Petitioner : Mr.R.Thamaraiselvan For Respondent : Ms.M.Prabhavathi, APP

O R D E R

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

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that a regular case in Crime No.270 of 2018 is pending against the petitioner on the file of the respondent Police Station.

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 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.

gya - Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.Inspector of Police, Panruti Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

+1 C.C. To MR.R.TAMARAISELVAN Advocate SR.NO. 55158 Crl.O.P.No.19371 of 2018 GJ II(C0) ASK(24/08/2018) https://hcservices.ecourts.gov.in/hcservices/