Madras High CourtCRL OP(MD)/8094/2020dismissed

Malaisamy v. The Superitendent Of Police

2020-08-03Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8094 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8094 of 2020 Malaisamy ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Polie, Office of the Deputy Superintendent of Police, Melur Sub Division, Melur, Madurai District.

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to strictly instruct the respondents 2 and 3 for not to harass the petitioner, his son and family members.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

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 appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record. 3.When the petition is came up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that on receipt of the complaint in respect to the death of one Suganya, the respondent police conducted an enquiry and registered a case in Crime No.235 of 2015 under Sections 174 of Cr.P.C., r/w 306 of I.P.C against the petitioner. 4.In the said circumstances, once a regular First Information https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8094 of 2020 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 (CSII) // 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, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Polie, Office of the Deputy Superintendent of Police, Melur Sub Division, Melur, Madurai District.

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

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

Crl.O.P.[MD]No.8094 of 2020 03.08.2020 KB(17.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2