Madras High Court
Benin Ginas vs The Superintendent Of Police on 11 May, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD) No.9085 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:11.05.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.O.P.(MD) No. 9085 of 2022
Benin Ginas ...Petitioner
Vs.
1. The Superintendent of Police,
Kanyakumari District,
at Nagercoil.
2. The Inspector of Police,
Nithiravilai Police Station,
Kanyakumari District.
3. Rathinamma ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to issue and order or direction, directing the second respondent
Police not to interfere in the civil dispute and not to harass the petitioner
and his family members.
For Petitioner : Mr.Sreenivasan, MR.
For R1 and R2 : Mr.R.Suresh Kumar,
Government Advocate (Criminal Side)
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Crl.O.P.(MD) No.9085 of 2022
ORDER
This petition has been filed to direct the second respondent Police not to interfere in the civil dispute and not to harass the petitioner and his family members.
2.The learned counsel appearing for the petitioner submits that the respondent police has been harassing the petitioner 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 petitioner, petition enquiry is pending on the file of the respondent police
4.Heard the learned Counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police.
5.It is the grievance of the petitioner that the respondent police has been harassing him under the guise of an enquiry/investigation and 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.9085 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 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. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.9085 of 2022
8.In the present case, 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 respondent 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. 4/6
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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 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 of.
11.05.2022 Internet:Yes Index:Yes/No das/lr To
1. The Superintendent of Police, Kanyakumari District, at Nagercoil.
2. The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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