Kumarasamy v. The Superintendent Of Police,

CRL.O.P.(MD).No.10757 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.10757 of 2019 1.Kumarasamy 2.Ganapathy Shetty ... Petitioners Vs.

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

2.The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

3.Anto Prakash ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent herein not to harass the petitioners herein under the guise of enquiry pursuant to the summons dated 24.07.2019 issued by the second respondent herein on the basis of the complaint lodged by the third respondent herein/Anto Prakash.

For Petitioners : Mr.A.Thiruvadikumar For R1 and R2 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent herein not to harass the petitioners herein under the guise of enquiry pursuant to the summons dated 24.07.2019 issued by the second respondent herein on the basis of the complaint lodged by the third respondent herein/Anto Prakash.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police. 3.Perused the materials placed on record.

4.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police reports that on receipt of the complaint, the respondent police conducted the investigation and registered a case in Crime No.444 of 2019 as against the petitioners.

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CRL.O.P.(MD).No.10757 of 2019 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, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) sji To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

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

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