Subramani v. The Superintendent Of Police

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.15025 of 2021 Subramani ... Petitioner Vs.

1.State represented by The Superintendent of Police Office of the Superintendent of Police, Thoothukudi, Thoothukudi (District).

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Puliyampatti Sub-division, Thoothukudi District.

3.The Inspector of Police, Ottapidaram Police Station, Ottapidaram, Thoothukudi (District).

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first and second respondents to instruct the third respondent not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.V.Selvakumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first and second respondents to instruct the third respondent not to harass the petitioner in the guise of enquiry. 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. 190 of 2021 for the offences under Sections https://hcservices.ecourts.gov.in/hcservices/

147, 148, 387, 323, 506(ii) of IPC and investigation is pending before third 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.

6.Hence, the Criminal Original petition is dismissed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) lr/lm 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 Superintendent of Police, Thoothukudi, Thoothukudi (District).

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Puliyampatti Sub-division, Thoothukudi District.

3.The Inspector of Police, Ottapidaram Police Station, Ottapidaram, Thoothukudi (District).

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

Crl.O.P.(MD) No.15025 of 2021 11.02.2022 SAR(CO) SB(26.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/