Madras High CourtCRL OP(MD)/5357/2019closed

A.Sheik Abdullah, v. The Commissioner Of Police,

2019-04-16Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDANPANI Crl.O.P.(MD)No.5357 of 2019 1.A.Sehik Abdullah 2.A.Meharaj Begam ... Petitioners Vs.

1.The Commissioner of Police (Crime), Office of the Commissioner, Madurai.

2.The Inspector of Police (Crime), C1, Thideer Nagar Police Station, Madurai City, Madurai.

3.Ribhayudeen

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C, to direct the respondent not to harass the petitioners in the guise of enquiry without any criminal case pending on the file of the respondent herein on the basis of the summoning to the 2nd respondent.

For Petitioners : Mr.R.Babu Jaganath For Respondent : Mr.K.K.Ramakrishnan, Nos.1 and 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioners in the guise of enquiry without any criminal case pending on the file of the respondent herein on the basis of the summoning to the 2nd respondent. 2.Heard the learned Counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing the respondents Police.

3.When the matter is taken up for hearing the learned Additional Public Prosecutor reports that the petitioner is an accused in Crime No.149 of 2019, for the offences under Sections 294(b), 406, 420 and 506(ii) IPC and investigation is pending before 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 https://hcservices.ecourts.gov.in/hcservices/

interfering with the investigation conducted by the respondent police.

5. In the result. the Criminal Original petition is dismissed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To:

1.The Commissioner of Police (Crime), Office of the Commissioner, Madurai.

2.The Inspector of Police (Crime), C1, Thideer Nagar Police Station, Madurai City, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.BABU JAGANATH, Advocate, SR.No.61318 Crl.O.P.(MD)No.5357 of 2019 16.04.2019 DSK KK/SAR/08.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/