The High Court of Madras dismissed a criminal original petition filed under Section 482 CrPC praying for a direction not to harass the petitioners. The submission that a regular case was registered rendered the petition for not to harass unmaintainable.
Petition stands dismissed as it is not maintainable once a regular case is registered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.06.2016 CORAM THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
CRL.OP.No.10178 OF 2016
1.D.Vimalanathan
2.D.Jayakrishnan ... Petitioners
Vs
1.The Superintendent of Police,
Dharmapuri District,
Dharmapuri.
2.The Deputy Superintendent of Police,
Pennagaram Taluk,
Dharmapuri.
3.The Inspector of Police,
Papparapatti Police Station,
Dharmapuri. ... Respondents
Criminal Original Petition filed under Section 482 of
Cr.P.C., praying to direct the respondents not to harass the
petitioners.
For Petitioners : Mr.M.Selvam
For Respondents : Mr.C.Emalias, APP
O R D E R
This petition has been filed to direct the respondents not to harass the petitioners.
Sd/-
Assistant Registrar(VI)
//True Copy//
Sub Assistant Registrar
gya
To
1.The Superintendent of Police,
Dharmapuri District,
Dharmapuri.
2.The Deputy Superintendent of Police,
Pennagaram Taluk,
Dharmapuri.
3.The Inspector of Police,
Papparapatti Police Station,
Dharmapuri.
4.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.M. Selvam, Advocate, S.R.No.29180
KSJ(CO)
EU(13/06/2016)
CRL.OP.No.10178 OF 2016
2 issues framed by the court
Whether a petition for not to harass is maintainable when a regular case is already registered.
Whether the petitioners are liable to be harassed pending the inquiry in Crime No. 157 of 2015.
1 provisions across 1 enactments
D. Vimalanathan
D. Jayakrishnan
Superintendent of Police, Dharmapuri District
Deputy Superintendent of Police, Pennagaram Taluk
Inspector of Police, Papparapatti Police Station
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
