Dismissed

M.Anbu v. the District Superintend of

Madras HC17 Jun 2016CRL OP/8378/2016

Case brief

AI extract

What is this about?

A writ petition under Section 482 CrPC seeking a direction not to harass the petitioner during police investigation was dismissed. The Court held that with an FIR registered, a 'not to harass' order is inapplicable as a notice under Section 41A CrPC may otherwise be construed as harassment.

What did the court decide?

Dismissal of the petition; Refusal of direction not to harass the petitioner during pending investigation.

M.Anbu Vs the District Superintend of — Criminal Trial and Appeal | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 17.06.2016

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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Crl.OP.No.8378 of 2016

M.Anbu

... Petitioner

The District Superintendent of Police, Thiruvallur District, Thiruvallur.

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The Deputy Superintendent of Police, Thirutthani Taluk, Thirutthani Town, Thiruvallur District.

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The Inspector of Police, Thirutthani Town, Thiruvallur District.

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... Respondents

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Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Respondents Not to Harass the Petitioner under the guise of enquiry in the absence of Criminal Complaint as against him.

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For Petitioner :Mr.A.Gouthaman

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For Respondents :Mr.C.Emalias Additional Public Prosecutor

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This petition has been filed not to harass the petitioner under the guise of enquiry in the absence of criminal complaint against him.

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2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submitted that this petitioner is an accused in Crime No.262 of 2015 and the investigation is pending before the 3^rd respondent police.

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

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3.Under such circumstances, once a regular FIR has been registered, the question of 'not to harass' will not arise, because the expression 'harassment' is so subjective that it cannot be encapsulated in an objective criteria. If 'not to harass' order is passed in this case, where a regular FIR has been registered, a notice by the Investigating Officer under Section 41[a] of Cr.P.C. can also be construed as an harassment. This Court has dealt with this aspect at length and passed a detailed order in the case of Dorand and Others Vs the Superintendent of Police, Nagercoil, Kanyakumari District and another in Crl.O.P.[MD] No.1727 of 2016 decided on 01.02.2016.

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Hence, this Criminal Original Petition is dismissed.
mps
-s/d-
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
To
1. The District Superintendent of Police,
Thiruvallur District,
Thiruvallur.
2. The Deputy Superintendent of Police,
Thirutthani Taluk,
Thirutthani Town,
Thiruvallur District.
3. The Inspector of Police,
Thirutthani Town,
Thiruvallur District.
4. The Public Prosecutor,
High Court, Chennai.
ev(co)
prk27/6 Crl.O.P.No.8378 of 2016

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

M.Anbu v. the District Superintend of

Case brief

What is this about?

What did the court decide?

M.Anbu v. the District Superintend of

Case brief

What is this about?

What did the court decide?

What the court decided

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