Madras High CourtCRL OP(MD)/11854/2019disposed of

Xavier v. The Superintendent Of Police

2019-08-26Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD) No.11854 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.11854 of 2019 Xavier ... Petitioner

Versus

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

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai, Sivagangai District.

3.Selvi @ Tamil Selvi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code to direct the first respondent to instruct the second respondent not to harass the petitioner and his family members unnecessarily.

For Petitioner : Mr.N.Ilango For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The criminal original petition has been filed seeking a direction to the first respondent to instruct the second respondent not to harass the petitioner and his family members.

2. The grievance of the petitioner is that based on the complaint given by the third respondent, the second respondent police is harassing the petitioner.

3. The learned Government Advocate (Crl.side) on instructions would submit that based on the complaint given by the third respondent, a F.I.R. has been registered against the petitioner in Crime No.432 of 2019 for the offences under Sections 420 and 406 of I.P.C. Subsequently, the petitioner's wife has also given a complaint against the third respondent. Based on the complaint, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.11854 of 2019 another F.I.R. has been registered in Crime No.391 of 2019 for the offences under Sections 294(b) and 323 of I.P.C. and now the second respondent police investigating both the cases and they are not harassing the petitioner.

4. Considering the fact that already F.I.R. has been registered against the petitioner, the prayer sought for by him cannot be granted at this stage. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) akv To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai, Sivagangai District.

Copy to:

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

+1 CC to M/s.N. TAMIL MANI, Advocate ( SR-83628[F] dated 27/08/2019 ) Order made in Crl.O.P.(MD) No.11854 of 2019 Dated: 26.08.2019 JMN(04.10.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2