L.Chockalingam v. The Deputy Superintendent Of Police

Crl.O.P.[MD]No.6334 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.6334 of 2020 L.Chockalingam ... Petitioner Vs.

1.The Deputy Superintendent of Police, Karaikudi, Sivagangai.

2.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

3.The Sub-Inspector of Police, Kundrakudi Police Station, Sivagangai District.

4.Jeyaprakash

...Respondents

(R-4 is impleaded vide Court order dated 24.07.2020 made in Crl.M.P(MD) No.3658 of 2020) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second and third respondents not to harass the petitioner except under due process of law.

For Petitioner : Mr.P.R.Prithiviraj For R-1 to R-3 : Mr.S.Chandrasekar Additional Public Prosecutor For R-4 : Mr.RM.Arun Swaminathan

O R D E R

This criminal original petition has been filed seeking a direction to direct the respondents 2 and 3 not to harass the petitioner under the guise of enquiry.

2.Heard the learned Counsel for the petitioner, the learned Additional Public Prosecutor for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent and perused the materials placed on record.

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

Crl.O.P.[MD]No.6334 of 2020 3.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, would submit that on receipt of the complaint given by the fourth respondent, the third respondent herein conducted the investigation and registered a case against the petitioner in Crime No.192 of 2020 under Section 420 of I.P.C.

4.In the said circumstances, once a regular First Information Report has been registered, the question of 'not to harass' will not arise. Hence, if any direction is issued at this stage, it will amount to interfere with the investigation conducted by the respondents police.

5. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) cp 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 Deputy Superintendent of Police, Karaikudi, Sivagangai.

2.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

3.The Sub-Inspector of Police, Kundrakudi Police Station, Sivagangai District.

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

Crl.O.P.[MD]No.6334 of 2020 05.08.2020 CS (18.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2