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Madras High CourtCRL OP/25666/2018dismissed

Sivanesan v. The Superintendent Of Police

2018-11-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.25666 of 2018 Sivanesan ... Petitioner Vs.

1.The Superintendent of Police Cuddalore District, Cuddalore.

2.State by Inspector of Police, Sozhatharam Police Station, Cuddalore District.

3.Kuppusamy 4.Pachamuthu

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent herein viz., the Inspector of Police, Sozhatharam Police Station, Cuddalore District not to harass the petitioner herein on the pretext of enquiry by misusing their official power in interfering with the civil dispute in any manner in future.

For Petitioner : Mr.K.Balu For respondents : Mr.C.Raghavan Government Advocate (Crl.side) for R1 and R2

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent herein viz., the Inspector of Police, Sozhatharam Police Station, Cuddalore District not to harass the petitioner herein on the pretext of enquiry by misusing their official power in interfering with the civil dispute in any manner in future.

2. Heard learned Counsel for the petitioner and learned Government Advocate for the respondents 1 and 2.

3. When the matter is taken up for hearing the learned https://hcservices.ecourts.gov.in/hcservices/

Government Advocate reports that the petitioner is an accused in Crime No.96 of 2018 and investigation is pending before the second respondent police.

4. 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 interfere with the investigation conducted by the respondent police.

5. Hence, this Criminal Original petition is dismissed. Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar ub To 1.The Superintendent of Police Cuddalore District, Cuddalore.

2.The Inspector of Police, Sozhatharam Police Station, Cuddalore District.

3. The Public Prosecutor, High court, Madras.

+1cc to Mr.K.Balu, Advocate, S.R.No. 78393 Crl.O.P.No.25666 of 2018 GN(30/11/2018) https://hcservices.ecourts.gov.in/hcservices/