The petition under Section 482 Cr.P.C. seeking protection from harassment was dismissed. The court held that once an FIR is registered, any direction against harassment would interfere with the pending police investigation.
None. The prayer for protection from harassment was rejected.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.08.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD)No.4694 of 2018
A.Edwin Altrin
... Petitioner
Vs.
1.The Superintendent of Police Virudhunagar District, Virudhunagar.
2.The Inspector of Police (Crime), Town Police Station, Sivakasi, Virudhunagar District.
3.M.Suresh
... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioner.
For Petitioner : Mr.K.Muthumalai For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to direct the second respondent and his men not to harass the petitioner by way of foisting false case against the petitioner.
2.Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.side) for the first and second respondents. Perused the materials placed on record.
3.When the matter is taken up for hearing the learned Government Advocate (Crl.side) reports that the First Information Report is registered in Crime No.467 of 2017 and investigation is pending before second respondent police.
4.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 https://hcservices.ecourts.gov.in/hcservices/ interfering with the investigation conducted by the respondent police.
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5.Hence, the Criminal Original petition is dismissed.
Sd/Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-I)
To
1.The Superintendent of Police Virudhunagar District, Virudhunagar. 2.The Inspector of Police (Crime), Town Police Station, Sivakasi, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.4694 of 2018 21.08.2018
GNS
ES/SKN/RSK/SAR 1/26.09.2018/2P/4C
1 issue framed by the court
Whether the court can direct police not to harass the petitioner after registration of a regular FIR.
1 provisions across 1 enactments
A. Edwin Altrin
The Superintendent of Police Virudhunagar District
The Inspector of Police (Crime), Town Police Station, Sivakasi
M. Suresh
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
