K. Krishnaraju v. The Commissioenr Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN K.KrishnaRaju ...
Petitioner vs 1.The Commissioner of police, #132, Commissioner Office Building, Vepery, Chennai - 600 003.
2.The State represented by, The Inspector of Police (Crime), J-3, Guindy Police Station, Guindy, Chennai - 600 032.
...
Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the 2nd respondents not to harass the petitioner in the Blanket of enquiry in the C.S.R.239 of 2020.
For Petitioner ... Mr.L.Infant Dinesh For Respondents ... Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side)
ORDER
This Criminal Original Petition has been filed to direct the 2nd respondents not to harass the petitioner in the Blanket of enquiry in the C.S.R.239 of 2020.
2. Learned counsel for the petitioner submitted that, on the basis of the complaint given by John Siju, respondents are unnecessarily harassing the petitioner. Thus, this petition.
3. In response, learned Government Advocate (Criminal side) submitted that, John Siju gave a complaint against the petitioner, alleging that, petitioner was working as a Manager under him in Needed Global Tech Solutions Pvt Ltd company. After 2019, petitioner stopped contacting the office and on verification, it was found that, petitioner transferred a sum of Rs.15,00,000/- to his wife. Therefore, John Siju gave a complaint and on the basis of the complaint, petitioner enquiry pending.
4. Considered the submissions and perused the records.
5. This Court, exercising its power under Section 482 of the Criminal
Procedure Code normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice.
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 petitioners 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. 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 directions, this Criminal Original Petition is disposed of.
13.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gd
To 1.The Commissioner of police, #132, Commissioner Office Building, Vepery, Chennai - 600 003.
2.The State represented by, The Inspector of Police (Crime), J-3, Guindy Police Station, Guindy, Chennai - 600 032.
3.The Public Prosecutor, High Court, Madras.
G.CHANDRASEKHARAN, J.
gd 13.06.2023