P.Velusamy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.2605 of 2023 P.Velusamy ... Petitioner Vs.

State Rep.by Inspector of Police Land Grabbing Special Cell City Police Commissioner Office, 3rd Floor, Coimbatore City.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent not to harass the petitioner in the nature of investigation pending on the file of the respondent police. For Petitioner : Mr.P.V.Selvakumar For Respondent : Mr.S.Santhosh Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner.

2. The learned counsel for the petitioner submitted that on the basis of 1/5

the complaint given by one Shanmugam, the petitioner is unnecessarily harassed by the respondent. Therefore, this petition.

3. In response, learned Government Advocate (Crl. Side) submitted that one Shanmugam gave a complaint alleging that the Power of Attorney given by him in favour of the petitioner was misused and his property was sold unauthorizedly. On the basis of the complaint, petition enquiry is pending against the petitioner and some others.

4. It is the grievance of the petitioner that the respondent police has been harassing him under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C. 5.

In the present case in hand, the petitioner has complained of harassment by the police based on a complaint and seek for this Court's intervention by way of a direction. The term 'harassment' by itself has a very wide meaning and hence, what could be harassment to the petitioner may not be the same to the police officer.

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6.

In order to meet such situations, the following guidelines are issued:

a)While summoning any person named in the complaint or any witness to the incident complained of, the police officer shall summon such person through a written summon under Section 160 Cr.P.C., specifying a particular date and time for appearing before them for such an enquiry/investigation. b) The respondent police is directed to serve summons mentioning the CSR number, date of complaint and the name of the complainant c)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. d)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation. e)The guidelines stipulated for preliminary enquiry or registration of FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar 3/5

Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to. 7.

With the above observations and direction, the Criminal Original Petition stands disposed of.

08.02.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order mpl To 1.The Inspector of Police Land Grabbing Special Cell City Police Commissioner Office, 3rd Floor, Coimbatore City.

2.The Public Prosecutor, High Court of Madras, Chennai.

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G.CHANDRASEKHARAN,J.

mpl Crl.O.P.No.2605 of 2023 08.02.2023 5/5