Madras High CourtCRL OP/23062/2018dismissed

A.L.Ramachandra v. Iop Kuniamuthur Ps Cmbtore

2018-10-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.23062 of 2018 1.A.L.Ramachandra 2.Jayanthi Ramachandra .. Petitioners Vs The State rep. by Inspector of Police, D-4 Kuniamuthur Police Station (L&O), Coimbatore 641 008 .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent not to harass the petitioners.

For Petitioners : Mr.Aravind Subramaniam For Respondent : Mr.C.Raghavan, GA

O R D E R

This petition has been filed to direct the respondent not to harass the petitioners.

2.Heard the learned counsel for the petitioners; the learned Government Advocate and perused the materials placed on record.

3.When the matter is taken up for hearing, the learned Government Advocate submitted that on the complaint lodged by one Kamalanand, a regular case in Crime No.598 of 2018 is pending against the petitioners on the file of 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 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 https://hcservices.ecourts.gov.in/hcservices/

and another in Crl.O.P.[MD] No.1727 of 2016 decided on 01.02.2016.

Hence, this petition is dismissed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, D-4 Kuniamuthur Police Station (L&O), Coimbatore 641 008.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Aravind Subramaniam , Advocate SR.No. 68933 Crl.O.P.No.23062 of 2018 ASK(12/10/2018) https://hcservices.ecourts.gov.in/hcservices/