Naveen v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.6950 of 2023 Naveen ... Petitioner Vs.

1. The Superintendent of Police, CB CID, Chennai Greater City (Metro), Egmore, Chennai.

2. The Inspector of Police, CB CID, Chennai (Metro ), Egmore, Chennai. ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner under the guise of enquiry frequently.

For Petitioner : M/s. M.Jegadeesh Pandian For Respondents : Mr.S.Santhosh 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 under the guise of enquiry frequently.

2. The learned counsel for the petitioner submitted that petitioner despite appearing for the enquiry in connection with FIR in Crime No.8 of 2022 registered for the offence under Sections 406, 420 and 506(ii) of IPC. 2nd respondent is repeatedly harassing the petitioner by asking him to appear for enquiry, therefore, present petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that petitioner is a named accused in the above said crime number. He has given the address mentioned in the cause title. He is not residing there. 2nd respondent is finding it difficult to investigate in connection with the Crime Number. Investigation in this case is pending.

4. This Court directs the petitioner to co-operate with the enquiry and provide his correct address to the respondent police. 2/6

5. 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.

6. 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.

7. 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 summon/notice specifying a particular date and time for appearing before them for such an enquiry/investigation. 3/6

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 Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to. 8.

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

29.03.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Sma 4/6

To

1. The Superintendent of Police, CB CID, Chennai Greater City (Metro), Egmore, Chennai.

2. The Inspector of Police, CB CID, Chennai (Metro ), Egmore, Chennai.

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

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G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.6950 of 2023 29.03.2023 6/6