Madras High Court
Nagarajulu vs The Superintendent Of Police on 5 September, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No. 21065 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 21065 of 2022
1. Nagarajulu
2. Kanchana
3. Balaji ... Petitioners
Vs
1. The Superintendent of Police,
Ranipet District.
2. The Additional Superintendent of Police,
Ranipet,
Ranipet District.
3. The Inspector of Police,
Sholingur Police Station,
Sholingur,
Ranipet District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to direct the 2nd and 3rd respondent not to harass the petitioner
based on the petitioners' representation dated 12.08.2022 other than due
process of law.
For Petitioners : Mr.K.G.Senthil Kumar
For Respondents : Mr.S.Santhosh
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
Page 1 of 6
Crl.O.P.No. 21065 of 2022
ORDER
This Criminal Original Petition has been filed to direct the second and third respondent not to harass the petitioners under the guise of enquiry.
2. The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioners under the guise of enquiry.
3. The learned Government Advocate (Criminal Side) appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending on the file of the respondent police
4. Heard the learned counsel for the petitioners and learned Government Advocate (Criminal Side) appearing for the respondent police.
5. It is the grievance of the petitioner that the respondent police have been harassing him under the guise of an enquiry/investigation and https://www.mhc.tn.gov.in/judis Page 2 of 6 Crl.O.P.No. 21065 of 2022 hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C.
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 him 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. https://www.mhc.tn.gov.in/judis Page 3 of 6 Crl.O.P.No. 21065 of 2022
8. In the present case in hand, the petitioner has complained of harassment by the police based on a complaint and seek for this Court's 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 minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station.
c)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation.
d)The guidelines stipulated for preliminary enquiry or registration of FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government https://www.mhc.tn.gov.in/judis Page 4 of 6 Crl.O.P.No. 21065 of 2022 of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to.
10. With the above observations and direction, the Criminal Original Petition stands disposed off.
05.09.2022 Internet:Yes Index:Yes/No Lpp To
1. The Superintendent of Police, Ranipet District.
2. The Additional Superintendent of Police, Ranipet, Ranipet District.
3. The Inspector of Police, Sholingur Police Station, Sholingur, Ranipet District.
4.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis Page 5 of 6 Crl.O.P.No. 21065 of 2022 G.K.ILANTHIRAIYAN, J Lpp Crl.O.P.No. 21065 of 2022 05.09.2022 https://www.mhc.tn.gov.in/judis Page 6 of 6