S.Mohan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.5094 of 2023 S.Mohan ... Petitioner Vs.

1. The Superintendent of Police, Salem District.

2. The Inspector of Police, Thammambatti police Station, Gangavalli Taluk, Salem District.

3. T.Ramesh ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner based on the false complaint of the 3rd respondent.

For Petitioner : Mr.R.M.Makesh Kumaravel For Respondent : Mr.S.Santhosh (For R1 & R2) Government Advocate(Crl.side) 1/6

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioner based on the false complaint of the 3rd respondent.

2. The learned counsel for the petitioner submitted that on the basis of the false complaint given by 3rd respondent, 2nd respondent police is unnecessarily harassing the petitioner. Therefore, present petition is filed.

3. In response, the learned Government Advocate (Crl. Side) submitted that 3r respondent / T.Ramesh gave a complaint against the petitioner in connection with monetary transactions.

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 2/6

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. e)The guidelines stipulated for preliminary enquiry or registration of FIR 3/6

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 To 4/6

1. The Inspector of Police, Tirupathur Taluk Police Station, Tirupathur District.

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

G.CHANDRASEKHARAN,J.

Sma 5/6

Crl.O.P.No.5094 of 2023 06.03.2023 6/6