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Madras High CourtCRL OP(MD)/16514/2019dismissed

G. Nithyakala v. The Superintendent Of Police

2019-11-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P.(MD).No.16514 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.16514 of 2019 G.Nithyakala

...Petitioner

Vs.

1.The Superintendent of Police Virudhunagar District Virudhunagar

2. The Inspector of Police Sivakasi Town Police Station Sivakasi Virudhunagar District

3. The Inspector of Police Sivakasi East Police Station Sivakasi, Virudhunagar District 4.Baskaran Inspector of Police Sivakasi Town Police Station Sivakasi, Viruthunagar District

5. Krishnan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to give suitable direction to the 4th respondent not to harass the petitioner's husband by interfering with the civil dispute between the petitioner's husband and the 5th respondent on the guise of the fake complaint lodged by the fifth respondent.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.K.Suyambulinga Bharathi, Nos.1 to 3 Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to give suitable direction to the 4th respondent not to harass the petitioner's husband by interfering with the civil dispute between the petitioner's husband and the 5th respondent on the guise of the fake complaint lodged by the fifth respondent. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents. 3.Perused the materials placed on record.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.16514 of 2019 4.When the matter is taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents reports that on receipt of the complaint, the respondent police conducted the investigation and registered a case in Crime No.676 of 2019 as against the petitioner.

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, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Superintendent of Police Virudhunagar District Virudhunagar

2. The Inspector of Police Sivakasi Town Police Station Sivakasi Virudhunagar District

3. The Inspector of Police Sivakasi East Police Station Sivakasi, Virudhunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P.(MD).No.16514 of 2019 13.11.2019 KK/SAR/03.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2