Madras High CourtCRL OP/13670/2023disposed of

A.Sivakumar v. The Superintendent Of Police

2023-06-22Honourable Mr Justice G. Chandrasekharan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN A.Sivakumar

...Petitioner

Vs.

1.The Superintendent of Police, Dharumapuri District, Dharumapuri.

2.The Inspector of Police, District Crime Branch, Dharumapuri District.

...Respondents

Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner under the guise of enquiry of conducting an enquiry in connection with the petitioner.

For Petitioner : Mr.M.P.Saravanan For Respondents :Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side) (For R1 and R2)

ORDER

This Criminal Original Petition has been filed to direct the second

respondent not to harass the petitioner under the guise of enquiry of conducting an enquiry in connection with the petitioner. 2.The learned counsel for the petitioner submitted that on the basis of complaint given by one Daas alleging that petitioner has received money from him on the promise of getting Government Job, respondents are unnecessarily harassing the petitioner. Petitioner has not received any amount. Therefore, this petition is filed.

3. In response, the learned Government Advocate (Criminal side) submitted that, one Daas gave a complaint against the petitioner alleging that petitioner has received Rs.1.50 lakhs on the promise of getting Government employment. On the basis of the complaint, petition enquiry in C.No.G2/010226/1274/23 and C.No.67/G2/DCB/DSP/DPI/2023 dated 31.05.2023 are 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 had 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.

22.06.2023 Index: Yes/No Speaking/Non speaking order ep

To 1.The Superintendent of Police, Dharumapuri District, Dharumapuri.

2.The Inspector of Police, District Crime Branch, Dharumapuri District.

3.The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN, J.

22.06.2023