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Madras High CourtCRL OP(MD)/4527/2019dismissed

R.Selvakumar v. The Commissioner Of Police

2019-11-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4527 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4527 of 2019 R.Selvakumar ... Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai.

3.K.Alagumeena ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd respondent not to harass the petitioner and his family members without any legally sustainable complaint.

For Petitioner : Mr.G.Pradeep Diniakaran For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for RR1 and 2

O R D E R

This petition has been filed by the petitioner to direct the 2nd respondent not to harass the petitioner and his family members without any legally sustainable complaint.

2.

The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner and his family members under the guise of enquiry.

3.

The learned Government Advocate (criminal side) appearing for the respondent police submits that the police called the petitioner for enquiry in the pending FIR in Crime No.41 of 2019. The case where the FIR is pending against the petitioner, there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C., under the caption "Not to harass". https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4527 of 2019 4.

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. Hence, this Criminal Original petition is dismissed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai.

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

Order made in CRL.O.P (MD) No.4527 of 2019 15.11.2019 VB(05.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2