A.Abdul Samadh v. The Inspector Of Police

Crl.O.P.(MD)No.10197 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10197 of 2020 1.A.Abdul Samadh 2.Anifa 3.A.Peer Fathima 4.Rahila Sara ... Petitioners Vs.

The State represented by The Inspector of Police, All Women Police Station, Palayamkottai, Nellai District.

... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent not to harass the petitioners without due process of law.

For Petitioners : Mr.V.Nithyanantham For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the respondent Police not to harass the petitioners without due process of law.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

3.Perused the materials placed on record.

4.Today, when the petition is taken up for hearing, Mr.S.Chandrasekar, learned Additional Public Prosecutor, appearing for the respondent, on instructions, would submit that in respect of the occurrence, upon the complaint given by one Mohammed Saribal Nusreen, who is the wife of the first petitioner, a case has been registered in Crime No.19 of 2020, for the offence punishable under Sections 294(b), 323, 406, 498A, 506(ii) of I.P.C., and Section 4 of Dowry Prohibition Act, pending on the file of the respondent Police Station, in which, the petitioners are arrayed as Accused Nos.1 to 4.The said submission made by the learned Additional Public Prosecutor is recorded.

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Crl.O.P.(MD)No.10197 of 2020 5.In the said circumstances, once regular FIR has been registered, the question of "Not to harass" dose not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police.

6. Accordingly, this criminal original petition stands closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg 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 Inspector of Police, All Women Police Station, Palayamkottai, Nellai District.

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

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