Madras High CourtCRL OP/13821/2023disposed of

Vignesh v. The Commissioner Of Police,

2023-06-21Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Vignesh ...

Petitioner vs 1.The Commissioner of Police, Commissioner of Police Office, Madipakkam, Chennai.

2.The Inspector of Police, Adambakkam Police Station, Chennai District.

...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the respondents police not to harass the petitioner and family members.

For Petitioner ... Mr.S.Kasirajan For Respondents ... Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the respondents police not to harass the petitioner and family members.

2. When the matter is taken up, learned Government Advocate (Criminal side) submits that, on the basis of complaints, First Information Report in Crime No.136 of 2023 was registered for the offences under Sections 341, 294(b), 307 and 506(ii) IPC and in Crime No.148 of 2023 for the offences under Sections 147, 148, 341, 294(b), 307, 506(ii) and 120(b) IPC and investigation in these cases are pending.

3. In view of the submission of the learned Government Advocate (Criminal side), this Court directs the petitioner to co-operate with the investigation. The respondent police is directed to follow the procedure established by law, 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.

4. With the above directions, this Criminal Original Petition is disposed of.

21.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gd

G.CHANDRASEKHARAN, J.

gd To 1.The Commissioner of Police, Commissioner of Police Office, Madipakkam, Chennai.

2.The Inspector of Police, Adambakkam Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

21.06.2023