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Madras High CourtCRL OP/30661/2022disposed of

A.Sivakumar v. State Rep By

2022-12-12Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.30661 of 2022 A.Sivakumar ... Petitioner Vs.

State rep by:

The Inspector of Police, Central Crime Branch, Tiruppur City.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police not to harass the petitioner. For Petitioner : Mr.A. Tamilarasan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner.

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2. Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) for the respondents police. 3.

It is seen from the summons issued to the petitioner, it appears that the dispute is with regard to money transactions, which is civil in nature. Therefore, respondent police is directed not to interfere with the civil dispute unnecessarily and harass the petitioner.

4.

In order to circumvent 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 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 is directed to serve summons mentioning the CSR number, date of complaint and the name of the complainant 2/4

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. 5.

With the above observations and direction, the Criminal Original Petition stands disposed of.

12.12.2022 Internet : Yes / No Index : Yes / No Speaking/Non speaking order Sma 3/4

G.CHANDRASEKHARAN,J.

Sma To 1.The Inspector of Police, Central Crime Branch, Tiruppur City.

2.The Public Prosecutor, Madras High Court.

Crl.O.P.No.30661 of 2022 12.12.2022 4/4