The High Court of Madras rejected a plea for a police harassment injunction under CrPC Section 482. The Court ruled that defining harassment is subjective and that petitioners must cooperate with pending police inquiries to seek such relief by way of blanket direction.
The prayer for a direction to prevent harassment is rejected and the Crl. O.P. is closed.
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 : 17.06.2022
C O R A M
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl. O.P. No.1238 of 2022
1.A.Manoharan
2.M.Uma
3.M.Sanmuga Sundharam
...Petitioners
Vs
The Superintendent of Police, Office of the Superintendent of Police, Chengalpattu, Chengalpattu District.
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent police not to harass the petitioners on the basis of the complaint lodged by the defacto complainant namely Mariya Chinnappan on the Civil dispute.
For Petitioners : Mr.V.R.Appaswamee For Respondents : Mr.N.Muthuvel,
Government Advocate (crl.side)
O R D E R
This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioners.
enquiry. Admittedly, the enquiry is pending. Without cooperating with the Police, they cannot seek such a blanket direction.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
shk/mvs
To
+1cc to Mr.V.R.Appaswamee, Advocate, S.R.No.37759
Crl. O.P. No. 1238 of 2022
PL[co] NSK/29/06/2022
2 issues framed by the court
Whether the petitioners are entitled to a prohibition against police harassment based on a civil dispute complaint.
Whether the phrase harassment can be objectively defined for judicial determination in this case.
1 provisions across 1 enactments
A.Manoharan
M.Uma
M.Sanmuga Sundharam
The State
The Superintendent of Police, Chengalpattu
The Inspector of Police, Melmaruvathur
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
