R.Jagadeesh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA R.Jagadesh ...

Petitioner Vs.

1. The Commissioner of Police, Tambaram Commissioner Office, Tambaram, Chennai.

2.The Inspector of Police, All Women Police Station, Tambaram, Chennai.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the 2nd respondent not to harass the petitioner on Blanket of enquiry in CSR No.273 of 2022 on the file of the 2nd respondent Police in the guise of enquiry.

For Petitioner : Mr.M.K.Yukanth For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed to direct the 2nd respondent Police not to harass the petitioner in the guise of enquiry in CSR No.273 of 2022 on the file of the 2nd respondent Police.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner was assaulted at the time of enquiry conducted, basing on the complaint given by one Jayalakhsmi. Hence he has filed this petition, seeking direction to the 2nd respondent not to harass him.

4. The learned Government Advocate (Crl. Side) appearing for the respondents submitted that on the complaint given by the said Jayalakshmi, current paper enquiry has been initiated in CSR No.273 of 2022 and the petitioner is one of the named accused; the petitioner was called upon only for enquiry.

5. On perusal of the records, it is seen that the petitioner has also given a complainant against one Boopathi raj, who is the son of the said Jayalakshmi and the petitioner has also produced the copy of the complaint and the CSR receipt to that effect. Even though the petitioner is the accused in a case registered in FIR No.49 of 2022 against him, I feel it is appropriate for the 2nd respondent Police to follow the essential guidelines laid down by the Hon'ble Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others reported in 2014 (2) SCC (1) while conducting enquiry.

With the above observation, this Criminal Original Petition is closed. 30.11.2022 Index: Yes/No Speaking order / Non speaking order vum

R.N.MANJULA ,J.

vum To

1. The Commissioner of Police, Tambaram Commissioner Office, Tambaram, Chennai.

2.The Inspector of Police, All Women Police Station, Tambaram, Chennai.

4.The Public Prosecutor, High Court, Madras.

30.11.2022