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Madras High CourtCRL OP(MD)/15062/2020dismissed

S.Balasubramanian v. The Superintendent Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.15062 of 2020 1.S.Balasubramanian 2.Karunakaran

...Petitioners

Vs.

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

2.The Inspector of Police District Crime Branch, Tenkasi District.

3.The Inspector of Police, Sankarankoil Police Station, Tenkasi District.

4.M.Sankaranarayanan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the official respondents not to harass the petitioners by calling them in the second and third respondents police station and direct the first respondent to give proper instruction to the second and third respondents not to interfere and enquire in the civil dispute and threaten the petitioners for registration of false criminal case against them based on the complaint given by the fourth respondent within the period stipulated by this Court.

For Petitioners : Mr.Ananth C.Rajesh For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-4 : Mr.R.J.Karthik

ORDER

This Criminal Original Petition has been filed to direct the official respondents not to harass the petitioners under the guise of enquiry and to direct the first respondent to instruct the second and third respondents not to interfere into the civil dispute and threaten the petitioners for registration of false criminal case against them based on the complaint given by the fourth respondent. 2.Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the official respondent.

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3.Perused the materials placed on record.

4.When the matter is taken up for hearing, the learned Additional Public Prosecutor reports that the petitioners are accused in Crime No.754 of 2020 and investigation is pending before the 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 (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police District Crime Branch, Tenkasi District.

3.The Inspector of Police, Sankarankoil Police Station, Tenkasi District.

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

Crl.O.P.(MD) No.15062 of 2020 14.02.2022 MGJ(01.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/