Madras High Court
Padmanaban vs The Superintendent Of Police on 9 February, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.3101 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :09.02.2022
CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.3101 of 2022
1.Padmanaban
2.T.R.Kannika ...Petitioners
-Vs-
1.The Superintendent of Police,
Coimbatore District,
Coimbatore.
2.The Assistant Commissioner of Police,
Central Crime Branch,
Coimbatore.
3.The Inspector of Police,
District Crime Branch,
Coimbatore District.
4.The Inspector of Police,
Central Crime Branch,
Coimbatore.
..Respondents
Prayer : Criminal Original Petition is filed under Section 482 of the
Criminal Procedure Code, praying to direct the respondents not to harass the
petitioners.
For Petitioners : Mr.B.Kumarasamy
For Respondents : Mr.A.Gokulakrishnan
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.3101 of 2022
Additional Public Prosecutor
ORDER
This petition has been filed seeking direction to the respondents not to harass the petitioners.
2.The learned counsel appearing for the petitioners submits that the respondents Police harassed the petitioners under the guise of enquiry.
3.The learned Additional Public Prosecutor appearing for the respondents Police submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending in Current Paper No.26/cop/22/31/1/2022 on the file of the respondents police
4.Heard the learned Counsel for the petitioners as well as the learned Additional Public Prosecutor for the respondents police and perused the entire materials available on record.
5.It is the grievance of the petitioner that the respondents Police have been harassing them under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3101 of 2022
6.An enquiry into a non cognizable offence or a cognizable offence is the unfettered powers of the Investigation Officers so long as the power to investigate/enquire into these offences are legitimately exercised within the frame work of Chapter XII of the Code of Criminal Procedure. Though the Code of Criminal Procedure empowers the Magistrate to be a guardian in all the stages of the police investigation, there is no power envisaging them to interfere with the actual investigation or the mode of investigation. It is in this background that numerous petitions complaining of harassment are being reported and filed before this Court seeking for directions to refrain the police officials from harassing the persons named in a complaint.
7.This Court, exercising its power under Section 482 of the Criminal Procedure Code normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice.
8.In the present case in hand, the petitioners have complained of harassment by the police based on a complaint and seek for this Court's 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3101 of 2022 intervention by way of a direction. The term 'harassment' by itself has a very wide meaning and hence, what could be harassment to the petitioners may not be the same to the police officer.
9.In order to circumvent such situations, the following guidelines are issued:
a)While summoning any person named in 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.
b) The respondents police is directed to serve summons mentioning the CSR number, date of complaint and the name of the complainant
c)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station.
d)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation.
e)The guidelines stipulated for preliminary enquiry or registration of 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3101 of 2022 FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to.
10.However it is made clear that this order does not preclude the respondents in registering a case if offences of cognizable nature are made out and to proceed in accordance with law.
11. With the above observations and direction, the Criminal Original Petition stands disposed of.
09.02.2022 Index : Yes/No vkr To
1.The Superintendent of Police, Coimbatore District, Coimbatore.
2.The Assistant Commissioner of Police, Central Crime Branch, Coimbatore.
3.The Inspector of Police, District Crime Branch, Coimbatore District.
4.The Inspector of Police, 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3101 of 2022 Central Crime Branch, Coimbatore.
A.D.JAGADISH CHANDIRA.J vkr/jas
5.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.3101 of 2022
09.02.2022 6/6 https://www.mhc.tn.gov.in/judis