The Court dismissed a CrPC petition filed to restrain an investigating officer. It held that once an FIR is registered and investigation is pending, directing police to not harass amounts to interfering with investigation.
Direction to restrain the investigating officer from interfering was rejected; petition dismissed.
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: 25.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7613 of 2022
S.Ebistanly
...Petitioner
Vs.
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to not to harass the petitioner by interfering in the civil money transaction on the complaint of the third respondent.
For Petitioner : Mr.T.A.Ebenzer For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking direction to direct the second respondent to not to harass the petitioner by interfering in the civil money transaction on the complaint of the third respondent.
2.Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the official respondent.
3.Perused the materials placed on record.
https://hcservices.ecourts.gov.in/hcservices/ 4.When the matter is taken up for hearing the learned Additional Public Prosecutor reports that the petitioner is an
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accused in Crime No. 134 of 2022 on the file of the second respondent and investigation is pending.
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.
6.Hence, the Criminal Original petition is dismissed.
Sd/Assistant Registrar(CS III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
mga
To
Crl.O.P.(MD) No.7613 of 2022 25.04.2022
SP/13/05/2022/2P/4C
1 issue framed by the court
Whether the court can direct the investigating police to refrain from interfering in a civil money transaction while an investigation for the alleged offence is pending.
1 provisions across 1 enactments
S. Ebistanly
The Commissioner of Police, Madurai City
The Inspector of Police, Silaiman Police Station
Justin Josephraj
Vimala
Jasmin John
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
