Allowed

Selvam Kumar v. Inspector of Police

Madras HC12 Apr 2023CRL OP/8017/2023

Case brief

AI extract

What is this about?

Onejudge allowed a Criminal Original Petition directing the police to refrain from harassing petitioners. The court issued specific guidelines for summoning, serving notices, and conducting inquiries in alignment with the Lalita Kumari guidelines and Section 160 Cr.P.C.

What did the court decide?

The petition was allowed; respondent police directed not to harass petitioners and ordered to follow specific guidelines for summoning and conducting inquiries.

Selvam Kumar Vs Inspector of Police — Quashing and FIR | Madras HC (2023)

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Crl.O.P.No.8017 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.8017 of 2023

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1.Selvam Kumar 2.K.Sethu Raman

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3.Prabakaran

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4.Sasikumar

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5.Kamalakannan Vinayagam

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6.Settu 7.Mayakannan 8.Sundharesan Govindhasamy ... Petitioners

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Vs.

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The Inspector of Police, Ariyoor Police Station, Vellore. (Crime No.117 of 2022) ...Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the respondent not to harass the petitioners and their family members in connection with the Crime No.117 of 2022 on the file of the respondent police.

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For Petitioners : Mr.Ayyachamy P For Respondent : 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.8017 of 2023

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O R D E R

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This Criminal Original Petition has been filed to direct the

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respondent not to harass the petitioners and their family members in connection with the Crime No.117 of 2022 on the file of the respondent police.

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2. The learned counsel for the petitioners submitted that based on the false complaint against the petitioners, the respondent police frequently summoned the petitioners to the police station and threatened that the petitioners will be booked in different cases and lodged behind the bar. Though the petitioners narrated the actual facts to the respondent police, the respondent police did not take into consideration the words of the petitioners because of the high political influence given by the defacto complainant.

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The learned Government Advocate (Crl.Side) submitted that the petitioners were called for enquiry during the investigation of the said Crime number. However, they have followed the guidelines issued by this Court. Hence, there shall be a direction to the respondent to act in

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

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Crl.O.P.No.8017 of 2023

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accordance with law and shall not harass the petitioners and their family.

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4. In view of the same, the respondent shall act in accordance with law and shall not harass the petitioners. If the respondent Police intends 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 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

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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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https://www.mhc.tn.gov.in/judis ________Page 3 of 6

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Crl.O.P.No.8017 of 2023

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d) The police officer shall refrain himself or