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Madras High CourtCRL OP(MD)/11478/2021dismissed

Pirati v. The Superintenden Of Police

2022-02-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.11478 of 2021 Pirati

...Petitioner

Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thoothukudi Sub division, Thoothukudi District.

3.The Inspector of Police, Thazamuthunagar Police Station, Thoothukudi, Thoothukudi District.

4.Dhanapalan Nadar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 to 3 not to harass the petitioner and petitioner's community people residing at Ayyannarpuram, Thuppaspatti, Keelaarasadi and Pulilyaarasadi in the name of enquiry by considering the petitioner's representation dated 10.08.2021 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Rajaselvan For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 not to harass the petitioner and petitioner's community people residing at Ayyannarpuram, Thuppaspatti, Keelaarasadi and Pulilyaarasadi in the name of enquiry by considering the petitioner's representation dated 10.08.2021. 2.Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the official respondents.

3.Perused the materials placed on record.

https://hcservices.ecourts.gov.in/hcservices/ 4.When the matter is taken up for hearing the learned

Additional Public Prosecutor reports that the petitioner is an accused in Crime No. 271 of 2021 for the offences under Sections 120(b), 147, 148, 341, 294(b), 324, 427, 323, 379 and 506

(2) of IPC and investigation is pending before the third respondent police.

5.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.

6.Hence, the Criminal Original petition is dismissed. Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) lr/lm 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, Thoothukudi District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thoothukudi Sub division, Thoothukudi District.

3.The Inspector of Police, Thazamuthunagar Police Station, Thoothukudi, Thoothukudi District.

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

Crl.O.P.(MD) No.11478 of 2021 11.02.2022 MGJ(25.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/