Allowed

Miss.S.Rebeccal v. the Commissioner of Police

Madras HC12 Apr 2023CRL OP/7880/2023

Case brief

AI extract

What is this about?

A Criminal Original Petition filed under Section 482 Cr.P.C. seeking direction to the second respondent not to harass the petitioner. The court directed the police to follow specific guidelines for summoning witnesses and recording enquiries to prevent harassment, adhering to the Lalita Kumari judgment.

What did the court decide?

Direction to the second respondent to act in accordance with law, follow specified guidelines for summoning and recording enquiry, and not harass the petitioner.

Miss.S.Rebeccal Vs the Commissioner of… — Constitutional and Fundamental Rights | Madras HC (2023)

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Crl.O.P.No.7880 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.04.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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Crl.O.P.No.7880 of 2023

S.Rebeccal

... Petitioner

Vs.

1.The Commissioner of Police, Office of the Tambaram Police Commissioner, No.42/1, Medavakkam Main Road, Sholinganallur, Chennai - 600 119.

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2.The State rep. by its Inspector of Police, W-3, All Women Police Station, Kamarajapuram, Guduvancheri, Tamil Nadu - 603 202. ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the second respondent not to harass the petitioner except in accordance with law.

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

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https://www.mhc.tn.gov.in/judis ________Page 1 of 6

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Crl.O.P.No.7880 of 2023

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O R D E R

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This Criminal Original Petition has been filed seeking direction to

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the second respondent not to harass the petitioner.

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2. It is the case of the petitioner that she had given a complaint against one M.Sakthivel. It is alleged that the second respondent is harassing the petitioner and compelling her to get married to the said M.Sakthivel.

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3. The learned Government Advocate (Crl.Side) submitted that enquiry is pending in C.S.R.No.33 of 2023 on the file of the respondent Police and he will give suitable instructions to the respondent to act in accordance with law.

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4. In view of the same, the second respondent shall act in accordance

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with law and shall not harass the petitioner. If the respondent Police intends

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to conduct an enquiry, they shall follow the following guidelines:

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“a) While summoning any person named in

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the complaint or any witness to the incident

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https://www.mhc.tn.gov.in/judis ________Page 2 of 6

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Crl.O.P.No.7880 of 2023

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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.

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b) The respondent/Police is directed to serve summons mentioning the CSR number, date of complaint and the name of the complainant.

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

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d) The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation.

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e) The guidelines stipulated for preliminary

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enquiry or registration of FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of

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