Madras High CourtCRL OP(MD)/5101/2020dismissed

Muhammed Ishaq v. The Superintendent Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5101 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5101 of 2020 Muhammad Ishaq

...Petitioner

Vs.

1. The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, District Crime Branch, Theni District.

3.Mohammed Ali Jinna 4.Zahir Hussain 5.Mohammed Hanifa ...Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 17.03.2020. For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 17.03.2020.

2. Heard learned counsel appearing for the petitioner 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 petitioner is an accused in Crime No.8 of 2020 and investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5101 of 2020 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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, District Crime Branch, Theni District.

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

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-6264[F] dated 15/02/2022 ) Crl.O.P.(MD) No.5101 of 2020 14.02.2022 RK(01/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2