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Madras High CourtCRL OP/3110/2017dismissed

M.A.K.Srinivasan, v. The Inspector Of Police

2020-07-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 3110 of 2017 M.A.K.Srinivasan, S/o. M.A.Krishnan No.1, Match Factory, Nellurpet, Gudiyatham Town, Vellore District.

...Petitioner

Vs.

1.The Inspector of Police, Town Police Station, Gudiyatham, Vellore District.

2.The Inspector of Police, District Crime Branch, Vellore.

3.The District Superintendent of Police, Gudiyatham, Vellore District.

4.The Superintendent of Police, Vellore District, Vellore.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents Police not to harass the petitioner.

For Petitioner : Mr.R.Arun Dattan For Respondents : Mr.K.Prabakar Additional Public Prosecutor.

ORDER

This petition has been filed seeking direction directing the respondent police not to harass the petitioner.

2. Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondents.

3. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.

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4. The learned Additional Public Prosecutor appearing for the respondent police submits that the police called the petitioner for enquiry on FIR registered in Crime Nos.4 and 418 of 2017. When FIR is pending against the petitioner, there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C., under the caption "Not to harass". 5.

Under such circumstances, once the regular FIR has been registered, the question of "Not to harass" will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police. Hence, this Criminal Original petition is dismissed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar bkn To 1.The Inspector of Police, Town Police Station, Gudiyatham, Vellore District.

2.The Inspector of Police, District Crime Branch, Vellore.

3.The District Superintendent of Police, Gudiyatham, Vellore District.

4.The Superintendent of Police, Vellore District, Vellore.

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 3110 of 2017 AJS(CO) GMY(25/09/2020) https://hcservices.ecourts.gov.in/hcservices/