Madras High CourtCRL OP(MD)/11083/2019dismissed

Neethirajan v. The Inspectorof Police

2019-08-06Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.11083 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.11083 of 2019 Neethirajan ... Petitioner Vs.

1.The Inspector of Police, Lalapet Police Station, Karur District.

... 1st Respondent 2.Amuthavalli ... Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent not to harass the petitioner in the guise of enquiry.

For Petitioner: Mr.N.Saravanan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction to the first respondent not to harass the petitioner under the guise of enquiry.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Considering the nature of the order going to be passed in this petition, notice to the second respondent is dispensed with.

3. The grievance of the petitioner is that based on the complaint given by the second respondent, the first respondent police is harassing the petitioner. Hence, the present petition has been filed.

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent, on instructions, would submit that based on the complaint given by the second respondent, FIR has been registered against the petitioner in Crime No.159 of 2019 for the offence under Sections 354(A), 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and now the investigation is pending. He would further submit that an application filed by the petitioner seeking anticipatory bail has also been dismissed. Thereafter, the https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11083 of 2019 petitioner has filed the present petition to get away from the investigation.

5. In view of the fact that already the criminal case has been registered against the petitioner and the anticipatory bail application filed by the petitioner has also been dismissed, this petition has been filed in abuse of process of law and it is liable to be dismissed as not maintainable. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) ta To 1.The Inspector of Police, Lalapet Police Station, Karur District.

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

Crl.O.P.(MD)No.11083 of 2019 06.08.2019 SVN(CO) TR (27.08.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4