Madras High Court
D.Deenadhayalan vs The State Rep. By on 12 May, 2021
Crl.O.P.No.9009 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.05.2021
Coram
The Honourable Mr.Justice G.CHANDRASEKHARAN
Crl.O.P.No.9009 of 2021
D.Deenadhayalan
...Petitioner
Versus
The State Rep. by
The Inspector of Police,
Valathi Police Station,
Senjivattam, Villupuram District,
Villupuram.
...Respondent
This Criminal Original Petition is filed under Section 482 of Cr.P.C
praying to direct the respondent Police to not to harass the petitioner.
For Petitioner : Mr.C.Arun Kumar
For Respondents : Mr.S.Karthikeyan,
Addl. Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9009 of 2021
ORDER
The relief sought for in this petition is to direct the respondent Police
to not to harass the petitioner.
2. It is the case of the petitioner that there is a property dispute
between him and his step-mother. Based on the complaint given by the
defacto complainant against the petitioner, the respondent Police is
frequently calling him for enquiry.
3. The learned Additional Public Prosecutor appearing for the
respondent Police would submit that a case in C.S.R. is pending against the
petitioner and therefore, he is calling for enquiry by the respondent Police.
4. In the case of M/s.Neeharika Infrastructure Pvt. Ltd., Vs. State
of Maharashtra and Ors. reported in LL 2021 SC 211, the Honourable
Supreme Court has categorically held as follows:
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9009 of 2021
"17. So far as the order of not to arrest and/or "no coercive
steps" till the final report/chargesheet is filed and/or during the course of
investigation or not to arrest till the investigation is completed, in a
petition filed u/s. 482 Cr.P.C or under Article 226 of the Constitution of
India is not permissible"
5. In the light of the judgment passed by the Hon'ble Apex Court in
the case of M/s.Neeharika Infrastructure Pvt. Ltd., Vs. State of
Maharashtra and Ors. reported in LL 2021 SC 211, the relief sought for by
the petitioner in this petition cannot be granted to him. Therefore, this
Court directs the petitioner to co-operate with the enquiry regarding the
C.S.R pending against him.
6. With the above observations, this Criminal Original Petition is
disposed of.
12.05.2021
mrr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9009 of 2021
G.CHANDRASEKHARAN, J.,
mrr
To
1.The Inspector of Police,
Valathi Police Station,
Senjivattam, Villupuram District,
Villupuram.
2.The Public Prosecutor,
High Court of Madras,
Chennai - 600 104.
Crl.O.P.No.9009 of 2021
12.05.2021
https://www.mhc.tn.gov.in/judis/
