Dismissed

C. Mohan v. the Inspector of Police

Madras HC21 Aug 2018CRL OP(MD)/4980/2018

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a Cr.O.P. filed under Section 482 Cr.P.C. seeking an order against police harassment regarding a civil property dispute. The court held that with an FIR registered, court intervention is impermissible as it interferes with ongoing police investigation.

What did the court decide?

The Criminal Original petition is dismissed on the ground that court interference with ongoing investigation is not maintainable.

C. Mohan Vs the Inspector of Police — Civil Procedure and Limitation | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2018

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Crl.O.P.(MD)No.4980 of 2018

1.C.Mohan

2.M.Jaya

... Petitioners

Vs.

1.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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2.The Sub Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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3.Vanarajan ...Respondents

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Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 and 2 not to harass the petitioners in the name of investigation / enquiry and not to interfere in the civil dispute in respect of the property situated in Door No.17, 17A, 17B and 18, Kumaran Street, Rajapalayam, Virudhunagar District.

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For Petitioners : Mr.M.Jothi Basu

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For Respondents : Ms.K.Suyambulinga Bharathi,

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G.A.(Crl.side)

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ORDER

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This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioners in the name of investigation / enquiry by interfering in the civil dispute in respect of the property situated in Door No.17, 17A, 17B and 18, Kumaran Street, Rajapalayam, Virudhunagar District.

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Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.side) for the respondents Police.

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Perused the materials placed on record.

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When the matter is taken up for hearing the learned Government Advocate (Crl.side) reports that the petitioners are arrayed as accused in Crime No.177 of 2018 and investigation is https://hcservices.ecourts.gov.in/hcservices/ pending.

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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.

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6.Hence, the Criminal Original petition is dismissed.

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Sd/-

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Assistant Registrar(Crl.side) /True Copy/

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Sub Assistant Registrar(CS-II)

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1.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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2.The Sub Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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+1CC to M/s.G.M.LAW OFFICE, Advocate, SR.No.79597

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Crl.O.P.(MD)No.4980 of 2018

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21.08.2018

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AAV

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ES/SV/SAR 2/27.09.2018/2P/5C

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

C. Mohan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

C. Mohan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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