Disposed

M.S.E. Lakshmi Narasimhan v. the Inspector of Police

Madras HC1 Jun 2023CRL OP/12270/2023

Case brief

AI extract

What is this about?

This Single Judge of the Madras High Court issued guidelines to the respondent police to regulate summons for preliminary enquiries in a matrimonial dispute case, mandating specific dates, times, and documentation to prevent harassment.

What did the court decide?

Directions issued to the respondent police to strictly follow specific guidelines regarding summoning procedure, documentation, and adherence to Lalita Kumari principles during investigation/enquiry.

M.S.E. Lakshmi Narasimhan Vs the Inspector of… — Civil Procedure and Limitation | Madras HC (2023)

¶1

Crl.OP.No.12270 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 01.06.2023

¶4

CORAM

¶5

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

¶6

Crl.O.P.No.12270 of 2023

¶7

M.S.E. Lakshmi Narasimhan ... Petitioner Vs. The Inspector of Police, W-17, Sembiam, All Women Police Station, Paper Mills Road, Bunder Garden, Perambur, Chennai – 600 011. ... Respondent

¶8

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent not to harass the petitioner in the guise of an enquiry/investigation regarding the case. For Petitioner : Mr.M. Leo Prabhu

¶9

For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate(Crl.side)

¶10

1/6

¶11

https://www.mhc.tn.gov.in/judis

¶12

Crl.OP.No.12270 of 2023

¶13

O R D E R

¶14

This Criminal Original Petition has been filed to direct the respondent

¶15

police not to harass the petitioner and his family members under the guise of enquiry.

¶16

The learned counsel for the petitioner submitted that, based on the complaint given by one Sandhiya, petitioner is unnecessarily harassed by the respondent police. Therefore, present petition is filed.

¶17

In response, learned Government Advocate (Crl. Side) submitted that, there is a matrimonial dispute between the petitioner and his wife Sandhiya. Sandhiya gave a complaint against the petitioner making allegations of cruelty. On the basis of the complaint, petition enquiry is pending.

¶18

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.

¶19

In the present case in hand, the petitioner has complained of

¶20

2/6

¶21

https://www.mhc.tn.gov.in/judis

¶22

Crl.OP.No.12270 of 2023

¶23

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.

¶24

In order to meet such situations, the following guidelines are issued:

¶25

a)While summoning any person named in the complaint or any witness to

¶26

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.

¶27

b) The respondent police is directed to serve summons mentioning the

¶28

CSR number, date of complaint and the name of the complainant

¶29

c)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station.

¶30

d)The police officer shall refrain himself or herself from harassing

¶31

3/6

¶32

https://www.mhc.tn.gov.in/judis

¶33

Crl.OP.No.12270 of 2023

¶34

persons called upon for enquiry/investigation.

¶35

e)The guidelines stipulated for preliminary enquiry or registration of FIR

¶36

by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar

¶37

Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to.

¶38

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

¶39

01.06.2023

¶40

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

¶41

¶42

The Inspector of Police,

¶43

4/6

¶44

https://www.mhc.tn.gov.in/judis

¶45

Crl.OP.No.12270 of 2023

¶46

W-17, Sembiam, All Women Police Station, Paper Mills Road, Bunder Garden, Perambur, Chennai – 600 011.

¶47

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

¶48

G.CHANDRASEKHARAN,J.

¶49

5/6

¶50

https://www.mhc.tn.gov.in/judis

¶51

Crl.OP.No.12270 of 2023

¶52

Sma

¶53

Crl.O.P.No.12270 of 2023

¶54

01.06.2023

¶55

6/6

¶56

https://www.mhc.tn.gov.in/judis

M.S.E. Lakshmi Narasimhan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

M.S.E. Lakshmi Narasimhan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Xavier Thomas Pari Vs the State Rep.by Its

C.Ve.Shanmugam Vs The Chief Secretary

B.Sangeetha Vs State Rep.by

S.Dhinakar Vs the Inspector of Police

Arun Vs the Inspector of Police

D.Indira Vs R.Dinakaran