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Madras High CourtCRL OP(MD)/17584/2018dismissed

Sivabalan v. The Sub Inspector Of Police

2018-10-03Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17584 of 2018 Sivabalan ... Petitioner Vs.

1.The Sub Inspector of Police Bodi Town Police Station, Theni District.

2.Kalaivani

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the first respondent herein not to harass the petitioner and his married sister her husband and his relative under the guise of enquiry based on the second respondent complaint. For Petitioner : Mr.S.Muthalraj For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent not to harass the petitioner and his relative in the guise of enquiry.

2. Heard learned counsel appearing for the petitioner and learned Government Advocate (crl.side) for the first respondent.

3. Perused the materials placed on record.

4. When the matter is taken up for hearing the learned Government Advocate (crl.side) reports that the petitioner is an accused in Crime No.89 of 2018 and investigation is pending before the first 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.

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6.Hence, the Criminal Original petition is dismissed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar(CS-IV) Ls To 1.The Sub Inspector of Police Bodi Town Police Station, Theni District.

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

+1cc to Mr.Na.Palaniyandi, Advocate in SR No.88377 Crl.O.P.(MD)No.17584 of 2018 NM/SV/SAR IV/12.11.18/2P/4C.

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