P.Selvi v. State Rep By, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.2266 of 2023 Selvi ... Petitioner Vs.

1. State Rep.by, The Inspector of Police, J7 Velacherry Police Station, Chennai.

2. M.Mariappan ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to not to harass the petitioner on the guise of enquiry except under due process of law.

For Petitioner : Mr.M.Dinesh For R1 : Mr.S.Santhosh Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to not to harass the petitioner on the guise of enquiry except under due process of law.

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2. The learned counsel for the petitioner submitted that petitioner's husband/ Ponnusamy died of natural cause on 25.10.2022. However, his brother/2nd respondent/ Mariappan lodged a false complaint against the petitioner stating that petitioner is responsible for the death of Ponnusamy. On the basis of the said complaint, respondent police is harassing the petitioner.

3. The learned Government Advocate (Crl. Side) submitted that based on the complaint lodged by the 2nd respondent, enquiry is pending in C.S.R.No.996 of 2022.

4. It is the grievance of the petitioner that the respondent police has been harassing him under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C.

5. 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 petitioner may not be the same to the police officer.

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6. 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 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 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. 3/4

G.CHANDRASEKHARAN,J.

Sma 7.

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

02.02.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Sma To

1. The Inspector of Police, J7 Velacherry Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai.

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