Madras High Court
S.Arun Kumar vs The Commissioner Of Police on 4 May, 2023
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.9678 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.9678 of 2023
S.Arun Kumar ...Petitioner
Vs.
1.The Commissioner of Police,
Office of the Commissionerate,
Central Crime Branch, Salem city,
Salem District.
2.State Rep by.,
The Inspector of Police
Central Crime Branch, Salem city,
Salem District. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to direct the 2nd respondent not to harass the petitioner under the
guise of investigation.
For Petitioner : Mr.M.Shreedhar
For Respondent : Mr.S.Santhosh
Government Advocate (crl.side)
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9678 of 2023
ORDER
This petition has been filed seeking direction to the 2nd respondent not to harass the petitioner under the guise of investigation.
2. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.
3. The learned Government Advocate (crl.side) appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending.
4. Heard the learned Counsel for the petitioner and learned Government Advocate (crl.side) 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 hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C.
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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. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9678 of 2023
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 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 Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9678 of 2023 of 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. With the above observations and direction, the Criminal Original Petition stands disposed off.
04.05.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order vkr To
1.The Commissioner of Police, Office of the Commissionerate, Central Crime Branch, Salem city, Salem District.
2.The Inspector of Police Central Crime Branch, Salem city, Salem District.
3.The Public Prosecutor, High Court, Madras.
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