Case Note & Summary
The petitioner, a senior citizen, filed a criminal original petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the Madurai Bench of Madras High Court. The petition alleged that the first respondent police, on the basis of an online complaint lodged by the second respondent, were harassing him under the guise of an enquiry. The petitioner sought a direction that the police should not harass him and requested that his representation dated 26.11.2024 be considered. On the date of hearing, there was no representation for the petitioner. The Government Advocate appearing for the first respondent police submitted that the police had only issued a summons to the petitioner, but the petitioner did not appear. The Government Advocate further stated that the police had not harassed the petitioner and undertook that they would consider the petitioner's representation and dispose of it within one week. Recording these submissions, the court disposed of the criminal original petition. No costs were ordered. The court did not issue any formal direction restraining the police, but accepted the assurance that the representation would be disposed of expeditiously. Thus, the petition was effectively closed without any finding of harassment or any adverse order against the police.
Headnote
A) Criminal Procedure - Police Harassment during Enquiry - Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The petitioner, a senior citizen, filed a petition seeking a direction that the police not harass him during enquiry on a complaint; the police submitted that they had only summoned the petitioner and had not harassed him; they undertook to consider his representation and dispose of it within one week; the court accepted the assurance and disposed of the petition without granting a prohibitory order - Held that the petition is disposed of recording the statement of the Government Advocate and directing the police to consider and dispose of the representation within one week (Paras 2-3).
Issue of Consideration
Whether the petitioner, a senior citizen, is entitled to an order directing the police not to harass him under the guise of enquiry on a complaint made by the second respondent.
Final Decision
The Criminal Original Petition is disposed of recording the submission of the Government Advocate that police have not harassed the petitioner and will consider the representation within one week.
