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Madurai Bench of Madras High Court
N. KIRUBAKARAN, J.
Maheswari
Versus
The Superintendent of Police, Tirunelveli District, Tirunelveli & Another
Crl.O.P.(MD). No. 18926 of 2014
Decided On : 16-10-2014
Section 420 - Allegation of Cheating - Dismissal of petition seeking direction not to harass petitioner due to registration of FIR under Section 420 of IPC
Fact of the Case:
The petitioner sought a direction not to be harassed by the police, but an FIR had already been registered against the petitioner under Section 420 of the IPC for cheating people with promises of jobs abroad.
Finding of the Court:
The court dismissed the petition, stating that since the FIR had already been registered, the petitioner's plea was not tenable. The petitioner was advised to seek anticipatory bail before the concerned court.
Issues: Petitioner seeking direction not to be harassed by the police, FIR already registered under Section 420 of IPC for cheating
Ratio Decidendi: Dismissal of petition due to prior registration of FIR under Section 420 of IPC, advice to seek anticipatory bail
Final Decision: The petition seeking direction not to be harassed was dismissed, and the petitioner was advised to pursue anticipatory bail before the concerned court.
1. Though the petitioner has approached this Court seeking a direction not to harass him, the learned Government Advocate (Crl.Side), on instructions from the respondent Police, would submit that F.I.R has been registered in Cr.No.69 of 2014 on 12.03.2014 under Section 420 of I.P.C on the allegation that the petitioner cheated the people on the promise that she would get job in abroad.
2. Since F.I.R has already been registered, this petition is dismissed. However, it is open to the petitioner to work out her remedy with regard to the anticipatory bail before the concerned Court.
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