Madras High CourtCRL OP(MD)/13972/2023dismissed

V.Arun v. The Deputy Superintendent Of Police

2023-08-07Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN V.Arun ... Petitioner Vs 1.The Deputy Commissioner of Police, Office of Deputy Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Cantonment All Women Police Station, Trichy District.

3.R.Ramana ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the first respondent to direct the second respondent not to harass the petitioner and his family members at the instigation of the third respondent by considering the petitioner's representation dated 25.07.2023 within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police not to harass the petitioner under the guise of a complaint allegedly given by the third respondent dated 25.07.2023.

2. According to the petitioner, the petitioner and respondent No.3 are friends and on the strength of a complaint given by respondent No.3, the petitioner is being harassed by Police.

3. Learned Government Advocate (Criminal Side) on the other hand, submits that, on the strength of a complaint given by respondent No.3, a case has been registered against the petitioner for the offences under Sections 294 (b), 376 (i), 313, 506 (i) and 109 of I.P.C and other offences in SC/ST Act in Crime No.21 of 2023.

4. Once a complaint given by respondent No.3 is registered as FIR and that the investigation is proceeding, at this stage, this petition seeking for a direction not to harass the petitioner cannot be entertained. 2/4

5. Therefore, this Criminal Original Petition is dismissed. However, respondent Nos.1 and 2 Police are directed to follow the due process of law during the course of enquiry in Crime No.21 of 2023. 07.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Deputy Commissioner of Police, Office of Deputy Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Cantonment All Women Police Station, Trichy District.

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

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DR.D.NAGARJUN, J.

tsg 07.08.2023 4/4