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Madras High CourtCRL OP(MD)/4622/2022dismissed

S.Vaheetha Ghousia v. The Commissioner Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4622 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4622 of 2022 S.Vaheetha Ghousia

...Petitioner

Vs.

1. The Commissioner of Police O/o.Commissioner of Police Madurai City

2. The Assistant Commissioner of Police O/o. Commissioner of Police Madurai City

3. The Inspector of Police Thallakulam Police Station Madurai City

4. Mahalakshsmi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Respondent No.1 and 2 to direct respondent No.3 not interfere in the civil dispute without serving notice under section 41A of Cr.P.C For Petitioner : Mr.T.Lajapathi Roy For R1 to 3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first and second respondent to direct third respondent not interfere in the civil dispute without serving notice under section 41A of Cr.P.C 2.Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the official respondent.

3.Perused the materials placed on record.

4.When the matter is taken up for hearing the learned Additional Public Prosecutor reports that the petitioners are accused in Crime No.200 of 2022 and investigation is pending before third respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4622 of 2022 5.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.

6.Hence, the Criminal Original petition is dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Police O/o.Commissioner of Police Madurai City 2.The Assistant Commissioner of Police O/o. Commissioner of Police Madurai City 3.The Inspector of Police Thallakulam Police Station Madurai City 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-11758[F] dated 14/03/2022 ) Crl.O.P.(MD) No.4622 of 2022 11.03.2022 KG(CO) GC(21.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2