This petition sought a writ directing police not to harass the petitioner following an FIR. The court held that once the FIR is registered and investigation is pending, a direction not to harass is inappropriate as it would interfere with police investigation, leading to dismissal.
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.
Writ Petition No.3618 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.3618 of 2022
Thamizh @ Thamizhazhagan S/o.Velmurugan
...Petitioner
Vs
1.The State represented by its Sub-Inspector of Police, SHO Pennadam Police Station, Cuddalore.
Crime No.260/2021
2.The Superintendent of Police, Cuddalore District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent not to harass the petitioner based on the representation dated 02.02.2022 in connection with FIR No.260 of 2021 on the file of the first respondent.
For Petitioner : Mr.T.Naveen Chandar For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****
O R D E R
This Writ Petition has been filed to direct the respondent police not to
harass the petitioner.
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Writ Petition No.3618 of 2022
Prosecutor appearing on behalf of respondents.
Prosecutor reports that the petitioner is arrayed as accused in Crime No.260
of 2021 and the investigation is pending before the first respondent.
Accordingly, this Writ Petition is dismissed. No costs.
05.07.2023
Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm
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Writ Petition No.3618 of 2022
To
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Writ Petition No.3618 of 2022
N.ANAND VENKATESH, J
gm
Writ Petition No.3618 of 2022
05.07.2023
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2 issues framed by the court
Whether a Writ of Mandamus can be issued directing the respondent police not to harass the petitioner while an investigation is pending.
Whether issuing such a direction at this stage would amount to interfering with the investigation conducted by the respondent police.
1 provisions across 1 enactments
Thamizh @ Thamizhazhagan
The State represented by its Sub-Inspector of Police, SHO Pennadam Police Station, Cuddalore
The Superintendent of Police, Cuddalore District
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
