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Madras High CourtCRL OP(MD)/18231/2018dismissed

D.Kirubanathavariyar v. The Superintendent Of Police

2018-10-11Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.18231 of 2018 D.Kirubanathavariyar .. Petitioner -Vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.State rep. by The Inspector of Police, Town North Police Station, Dindigul District.

.. Respondents 3.Manoharan 4.Mathi .. Respondents/Defacto complainants Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue a direction directing the respondents not to harass the petitioner and his wife in the guise of enquiry.

For Petitioner : Mr.V.Karuna For Respondents : Mr.M.Chandra Sekaran for R1 & R2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the 1st and 2nd respondents police not to harass the petitioner under the guise of enquiry.

2.Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent. 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.248 of 2018 and investigation is pending before 2nd 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(W) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Town North Police Station, Dindigul District.

3.The Inspector of Police, Tiruchendur All Women Police Station, Tiruchendur.

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

+1CC to Mr.V.Karuna, Advocate, SR.No.90609 CRL.O.P.(MD)No.18231 of 2018 11.10.2018 TM ES/RP/SAR 1/31.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/