R.Manikandan v. The Superintendent Of Police

CRL OP(MD)No.7378 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.7378 of 2020 R.Manikandan

...Petitioner

Vs.

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

2.The Inspector of Police, East Police Station, Virudhunagar District.

3.Mr.Sampath The Inspector of Police, East Police Station, Virudhunagar District.

4.TMRT Muralidharan 5.Ramamoorthy

...Respondents

PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the 2nd respondent not to harass the petitioner under the guise of enquiry based on the petitioner's representation dated 19.06.2020.

For Petitioner : Mr.A.S.Rajeswari For Respondents : Mr.S.Chandrasekar (R1 to R3) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to the third respondent not to harass the petitioner under the guise of enquiry.

2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent police. Perused the materials available on record.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent Nos.1 to 3, on instructions, would submit that on receipt of the complaint, the respondent police conducted the investigation and registered a case against the petitioner in Crime No.312 of 2019 for the offence under Section 75 of MCP Act.

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CRL OP(MD)No.7378 of 2020 4.In such circumstances, once a regular First Information Report has been registered, the question of not to harass will not arise. Therefore, if any direction is issued by this Court at this stage, it will amount to interfere with the investigation conducted by the respondent police.

5.In view of the above, this Criminal Original Petition is dismissed. However, the third respondent police undertakes that he is not going to arrest the petitioner for the above mentioned offence.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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 Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, East Police Station, Virudhunagar District.

3.Mr.Sampath The Inspector of Police, East Police Station, Virudhunagar District.

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

CRL OP(MD)No.7378 of 2020 15.07.2020 KB(24.07.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/