Madras High CourtCRL OP(MD)/8243/2020dismissed

M.Kanangaraj v. The Superintendent Of Police

2020-08-06Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8243 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8243 of 2020 M.Kanakaraj

...Petitioner

Vs.

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

2.The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

3.The Inspector of Police, All Woman Police Station, Theni, Theni District.

4.Yamuna

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 2 and 3 not to harass the petitioner except under due process of law.

For Petitioner : Mr.C.Jeganathan For R1 to R-3 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the second respondent 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 1 to 3 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 1 to 3, on instructions, would submit that on receipt of the complaint given by the fourth respondent, the second respondent police conducted an enquiry and registered a case in Crime No.2094 of 2020 for the offence punishable under Sections 323, 506(i) of I.P.C and Section 4 of Tamil Nadu Women Harassment Act, against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8243 of 2020 4.In the said circumstances, once a regular First Information 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 (ADII) // 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, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

3.The Inspector of Police, All Woman Police Station, Theni, Theni District.

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

+1 CC to M/s.C. JEGANATHAN, Advocate ( SR-13785[F] dated 07/08/2020 ) Crl.O.P.[MD]No.8243 of 2020 06.08.2020 KB(20.08.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2