Madras High CourtCRL OP(MD)/7812/2020dismissed

M.Baskaran v. The Superintendent Of Police

2020-07-28Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.7812 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7812 of 2020 M.Baskaran ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Neiyakarappatti Police Station, Palani, Dindigul District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 not to harass the petitioner by way of enquiry and consider the petitioner's representation dated15.07.2020.

For Petitioner : Mr.S.P.Prabakaran For R1 to R3 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the respondents 1 to 3 not to harass the petitioner under the guise of enquiry.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents reports that recently, the third respondent had registered a case against the petitioner in Crime No.504 of 2020 punishable under Sections 20 (B) (2)(b) of NDPS Act r/w 8(c) of NDPS Act. He would further submit that in the year of 2018 for the similar offence, two other cases were registered against the petitioner. The further submission of the learned Additional Public Prosecutor is that as of now, as per the reference made by the third respondent, the Revenue https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.7812 of 2020 Divisional Officer, Palani, had initiated proceedings under Section 110 of Cr.P.C., against the petitioner, for which, he was summoned by the Revenue Divisional Officer.

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 // / /2020 Sub Assistant Registrar(CS ) rmi 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, O/o. Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Neiyakarappatti Police Station, Palani, Dindigul District.

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

Crl.O.P.[MD]No.7812 of 2020 28.07.2020 SPU(04.08.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2