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Madras High CourtCRL OP(MD)/2702/2020dismissed

S.Shanmuganathan v. The Commissioner Of Police

2020-02-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P.(MD).No.2702 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.(MD).No.2702 of 2020 S.Shanmuganathan ... Petitioner Vs.

1.The Commissioner of Police Madurai City, Madurai

2. The Inspector of Police C2 Subramaniyapuram Police Station Madurai

3. Rasathi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first and second respondents not to harass the petitioner based on the third respondent complaint under the guise of enquiry.

For Petitioner : Mr.K.Sathishkumar For Respondents : Mr.S.Chandrasekar 1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first and second respondent not to harass the petitioner based on the third respondent complaint under the guise of enquiry.

2. Today When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 submits that based on the complaint given by the third respondent a case in Crime No.100 of 2020 has been registered for the offence under Section 379 of IPC. There are specific allegations against the petitioner in the complaint given by the third respondent for the offence which was committed by the accused one Inbaraj on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.2702 of 2020 instigation of the petitioner ,thereby the respondent police have summoned the petitioner for enquiry and other than that they have not harassed the petitioner.

3.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.

4.Hence, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Commissioner of Police Madurai City, Madurai

2. The Inspector of Police C2 Subramaniyapuram Police Station Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P.(MD).No.2702 of 2020 17.02.2020 aav SDS (26.02.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2