M.Anbu v. The District Superintend Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.06.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.8378 of 2016 M.Anbu ...
Petitioner Vs
1. The District Superintendent of Police, Thiruvallur District, Thiruvallur.
2. The Deputy Superintendent of Police, Thirutthani Taluk, Thirutthani Town, Thiruvallur District.
3. The Inspector of Police, Thirutthani Town, Thiruvallur District.
...
Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Respondents Not to Harass the Petitioner under the guise of enquiry in the absence of Criminal Complaint as against him. For Petitioner :Mr.A.Gouthaman For Respondents :Mr.C.Emalias Additional Public Prosecutor
ORDER
This petition has been filed not to harass the petitioner under the guise of enquiry in the absence of criminal complaint against him.
2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submitted that this petitioner is an accused in Crime No.262 of 2015 and the investigation is pending before the 3rd respondent police.
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3.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 under Section 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 Criminal Original Petition is dismissed. mps -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To
1. The District Superintendent of Police, Thiruvallur District, Thiruvallur.
2. The Deputy Superintendent of Police, Thirutthani Taluk, Thirutthani Town, Thiruvallur District.
3. The Inspector of Police, Thirutthani Town, Thiruvallur District.
4. The Public Prosecutor, High Court, Chennai.
ev(co) prk27/6 Crl.O.P.No.8378 of 2016 https://hcservices.ecourts.gov.in/hcservices/