S.J. Anitha v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 7170 of 2023 S.J.Anitha ... Petitioner

Versus

The State rep by Inspector of Police District Crime Branch, Cuddalore District, Cuddalore.

... Respondent PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the respondent not to harass the petitioner under the guise of enquiry. For Petitioner :

Mr. R.Radha Pandian For Respondent :

Mr. S.Santhosh Government Advocate (Crl. Side) 1/6

O R D E R

It is alleged by the petitioner that she has been harassed by the respondent based on the alleged complaint given by one Udhayaraj.

2. The learned Government Advocate (Crl. Side) submits that an enquiry is pending on the basis of the complaint given by one Udhayaraj and that the respondents would not harass the petitioner.

3. This Court is of the view that the petitioner shall not be harassed in the guise of an enquiry. If the respondent intends to conduct an enquiry they shall follow the following guidelines: "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 2/6

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.

f) If any cognizable offence is committed, then it is 3/6

open to the respondent police to take appropriate action or else they should not interfere with the civil dispute between the parties.

4. With the above observation, the petition is allowed. No costs.

31.03.2023 kan Index: Yes/No Speaking Order / Non-Speaking Order 4/6

To The Inspector of Police District Crime Branch, Cuddalore District, Cuddalore.

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SUNDER MOHAN, J kan Crl.O.P.No. 7170 of 2023 31.03.2023 6/6