R.Manivannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.5036 of 2023 R.Manivannan ... Petitioner Vs.

The State Represented by, Sub Inspector of Police, District Crime Branch, Kallakurichi District. ... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.S.Mohanavadivelan 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 not to harass the petitioner under the guise of enquiry. 1/6

2. The learned counsel for the petitioner submitted that based on the complaint given by one Rajadurai, petitioner is unnecessarily harassed by the respondent police.

3. In response, the learned Government Advocate (Crl. Side) submitted that one Rajadurai gave a complaint alleging that petitioner made him to invest Rs.6 lakhs with a promise to pay interest at the rate of 15% p.a. Petitioner had neither paid the the principal nor the interest amount. Therefore, he gave a complaint. Based on the complaint, summons were sent to the petitioner. However, petitioner did not appear for the enquiry.

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 2/6

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.

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. 3/6

e)The guidelines stipulated for preliminary enquiry or registration of FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar 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.

06.03.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Sma 4/6

To 1.Sub Inspector of Police, District Crime Branch, Kallakurichi District.

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

5/6

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.5036 of 2023 06.03.2023 6/6