Allowed

S.Panneerselvam v. State Rep.by

Madras HC13 Apr 2023CRL OP/8050/2023

Case brief

AI extract

What is this about?

Criminal Original Petition filed under Section 482 Cr.P.C. to prevent harassment during a pending enquiry. Court issued detailed guidelines for the police officer regarding summoning, service of summons, recording minutes, and adherence to the Lalita Kumari judgment to prevent harassment.

What did the court decide?

Direction to the second respondent (Inspector of Police) not to harass the petitioner under the guise of enquiry, with specific guidelines on summoning and recording minutes.

S.Panneerselvam Vs State Rep.by — Service and Employment | Madras HC (2023)

¶1

Crl OP No.8050 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 13.04.2023

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

¶6

Crl.O.P.No. 8050 of 2023

¶7

S.Panneerselvam ... Petitioner

¶8

Versus

¶9

1. The Commissioner of Police, Vepery Chennai, Chennai 600 007.

¶10

2. The Inspector of Police P6, Kodungaiyur Police Station, Kodungaiyur, Chennai 600 118.

¶11

3. Priyanka ... Respondents

¶12

PRAYER : Criminal Original Petition has been filed under Section

¶13

482 of the Criminal Procedure Code, to direct the second respondent not to harass the petitioner.

¶14

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

¶15

1/6

¶16

Crl OP No.8050 of 2023

¶17

For Petitioner : Mr. K.Rajasekaran : For Respondent Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

¶18

O R D E R

¶19

It is alleged by the petitioner that he has been harassed by the

¶20

respondent based on the alleged complaint given by one Priyanka.

¶21

2. The learned Government Advocate (Crl. Side) submits that

¶22

an enquiry is pending on the basis of the complaint given by one

¶23

Priyanka and that the respondents would not harass the petitioner.

¶24

3. This Court is of the view that the petitioner shall not be harassed in the guise of an enquiry. If the respondent intends to conduct an enquiry they shall follow the following guidelines:

¶25

“a) While summoning any person named in the

¶26

complaint or any witness to the incident complained of,

¶27

the police officer shall summon such person through a

¶28

written summon under Section 160 Cr.P.C., specifying a

¶29

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

¶30

2/6