Madras High CourtCRL OP(MD)/7586/2020dismissed

Sudalaimuthu v. The Superintendent Of Police

2020-07-21Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.7586 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7586 of 2020 1.Sudalaimuthu 2.Arumugam ... Petitioners Vs.

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

2.The Deputy Superintendent of Police, Tiruchendur Zone, Tiruchendur, Thoothukudi District.

3.Inspector of Police, Aarumuganeri Police Station, Thoothukudi District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, praying to direct the respondents police not to harass the petitioners and family members.

For Petitioners : Mr.C.Prabakaran For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to direct the respondents police not to harass the petitioners and his family members under the guise of enquiry/investigation.

2.Today, when the petition 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, the third respondent police conducted the enquiry and registered a case against the petitioners in Crime No.139 of 2020, under Sections 294 (b), 341, 323 and 506(ii) of I.P.C. He would further submit that only for obeying the condition imposed by this Court, the petitioners came to the police station and otherwise, the question of harassment does not arise.

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Crl.O.P.[MD]No.7586 of 2020 3.Under such circumstances, once a regular FIR has been registered, the question of "Not to harass" will not arise. Hence, if any direction is issued by this Court at this stage, it will amount to interfering with the investigation conducted by the respondent police.

4. In view of the above, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (Records) // 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 Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Deputy Superintendent of Police, Tiruchendur Zone, Tiruchendur, Thoothukudi District.

3.The Inspector of Police, Aarumuganeri Police Station, Thoothukudi District.

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

Crl.O.P.[MD]No.7586 of 2020 21.07.2020 AP (30.07.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2