Miss.S.Rebeccal v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN S.Rebeccal ... Petitioner Vs.
1.The Commissioner of Police, Office of the Tambaram Police Commissioner, No.42/1, Medavakkam Main Road, Sholinganallur, Chennai - 600 119.
2.The State rep. by its Inspector of Police, W-3, All Women Police Station, Kamarajapuram, Guduvancheri, Tamil Nadu - 603 202.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the second respondent not to harass the petitioner except in accordance with law.
For Petitioner : Mr.M.Ravikumar For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking direction to the second respondent not to harass the petitioner.
2. It is the case of the petitioner that she had given a complaint against one M.Sakthivel. It is alleged that the second respondent is harassing the petitioner and compelling her to get married to the said M.Sakthivel.
3. The learned Government Advocate (Crl.Side) submitted that enquiry is pending in C.S.R.No.33 of 2023 on the file of the respondent Police and he will give suitable instructions to the respondent to act in accordance with law.
4. In view of the same, the second respondent shall act in accordance with law and shall not harass the petitioner. If the respondent Police 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 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 open to the respondent police to take appropriate action or else they should not interfere with the civil dispute between the parties.
5. With the above observations, the Criminal Original Petition is allowed.
12.04.2023 Index :Yes/No Internet:Yes/No ab
To 1.The Commissioner of Police, Office of the Tambaram Police Commissioner, No.42/1, Medavakkam Main Road, Sholinganallur, Chennai - 600 119.
2.The State rep. by its Inspector of Police, W-3, All Women Police Station, Kamarajapuram, Guduvancheri, Tamil Nadu - 603 202.
3. The Public Prosecutor, High Court of Madras.
SUNDER MOHAN, J.
ab 12.04.2023