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Madras High CourtCRL OP(MD)/11645/2021dismissed

Baskaran v. The Superintendent 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.11645 of 2021 Baskaran

...Petitioner

Vs.

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

2.The Inspector of Police, Aranthangi Police Station, Aranthangi Pudukkottai District.

3.Baskaran, Sub-Inspector of Police, Aranthangi Police Station, Aranthangi Pudukkottai District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents not to harass the petitioner unnecessarily without following law in the guise of enquiry and to direct the respondents to follow the mandates as found set out in D.K.Basu (1997 1 SCC 416).

For Petitioner : Mr.K.C.Maniyarasu For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioner unnecessarily without following law in the guise of enquiry and to direct the respondents to follow the mandates as found set out in the case of D.K.Basu (1997 1 SCC 416).

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.

4. When the matter is taken up for hearing the learned Additional Public Prosecutor reports that the petitioner is an accused in Crime No. 1003 of 2020 for the offences under Sections 341, 294(b), 307 and 506(2) of IPC and investigation is pending before the second respondent police.

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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 (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm/Lr 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 District Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangi Police Station, Aranthangi Pudukkottai District.

3.The Sub-Inspector of Police, Aranthangi Police Station, Aranthangi Pudukkottai District.

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

Crl.O.P.(MD) No.11645 of 2021 11.02.2022 MGJ(24.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/