This Writ Petition filed under Article 226 for a direction not to harass the petitioner was dismissed. The Court held that once a regular FIR is registered, the question of not harassing does not arise, and a direction would amount to interfering with the pending police investigation.
The Writ Petition is dismissed with no costs.
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.
W.P.No.33023 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.33023 of 2022
V.R.Ramalingam ... Petitioner Vs.
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10 Madhavan
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 9 not to harass the petitioner on account any such false complaint breach of contract based upon the lease, sub-lease, rental agreements.
For Petitioner : Mr.V.Jayachandran
For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
This Writ Petition has been filed to direct the respondents police not to harass the petitioner.
Government Advocate (Crl. Side) appearing on behalf of the respondents.
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W.P.No.33023 of 2022
Government Advocate (Crl. Side) reports that the petitioner is arrayed as accused in Crime No.439 of 2022 and the investigation is pending before
the 2nd respondent Police, the Inspector of Police, Aminjikarai Police Station, Chennai.
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.
05.07.2023
Speaking Order/Non-Speaking Order Index: Yes/No vum
To
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W.P.No.33023 of 2022
N.ANAND VENKATESH.J.,
vum
W.P.No.33023 of 2022
05.07.2023
3 issues framed by the court
Whether the High Court can direct the police to desist from investigating a registered FIR and harassing a petitioner accused in a criminal case.
Whether the Court can issue a writ of Mandamus quashing or refusing to act on a regular FIR.
Whether the petitioner is arrayed as an accused in a crime and if the investigation is pending before one of the respondents.
V.R.Ramalingam
The Commissioner of Police, The Greater Chennai
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
