Lakshmanan vs The Inspector Of Police on 21 February, 2023

[Cites 8, Cited by 0]

Madras High Court

Lakshmanan vs The Inspector Of Police on 21 February, 2023

Bench: G.Chandrasekharan

                                                                               Crl.OP.No.3857 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 21.02.2023

                                                          CORAM

                           THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                 Crl.O.P.No.3857 of 2023

                     Lakshmanan                                                  ... Petitioner

                                                             Vs.

                     The Inspector of Police,
                     Central Crime Branch Team 16,
                     Anti Land Grabbing Cell,
                     Veppery,
                     Chennai – 600 007.                                          ... Respondent

                     PRAYER: This Criminal Original Petition filed under Section 482 of
                     Cr.P.C., praying to pass an order directing the respondent not to harass the
                     petitioner under the guise of enquiry on false and baseless complaint given
                     by the de-facto complainant.
                                     For Petitioner      : Ms.Harsha Vardhini
                                                           for M/s.G.Mohana Krishnan

                                     For Respondent      : Mr.S.Santhosh
                                                           Government Advocate (Crl.Side)




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https://www.mhc.tn.gov.in/judis
                                                                                     Crl.OP.No.3857 of 2023

                                                              ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner under the guise of enquiry on false and baseless complaint given by the de-facto complainant.

2.The learned counsel for the petitioner submitted that the petitioner is not an accused in Crime No.84 of 2020, but the respondent police is unnecessarily harassing him under the guise of enquiry. Therefore, the present petition is filed before this Court.

3.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the FIR in Crime No.84 of 2020 was registered for the offences under Sections 419, 465, 467, 468, 471 and 120B of IPC by CCB-I on the basis of the complaint given by one Ariyal against one Rajendran and four others. He also submitted that this is a case of impersonation. Further, he submitted that though the petitioner is not a named accused in this case, he is required for the purpose of enquiry.

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4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

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 has made a complaint of harassment by the police based on the complaint 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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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 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 4/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3857 of 2023 Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to.

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

21.02.2023 Index : Yes / No Speaking / Non Speaking order Neutral Citation Case: Yes/No sp Note : Issue order copy on 23.02.2023.

1.The Inspector of Police, Central Crime Branch Team 16, Anti Land Grabbing Cell, Veppery, Chennai – 600 007.

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

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https://www.mhc.tn.gov.in/judis Crl.OP.No.3857 of 2023 G.CHANDRASEKHARAN,J.

sp Crl.O.P.No.3857 of 2023 21.02.2023 6/6 https://www.mhc.tn.gov.in/judis

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