Mrs.A.Rita Mary vs The State Rep. By on 25 October, 2019

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Madras High Court

Mrs.A.Rita Mary vs The State Rep. By on 25 October, 2019

Bench: M.S.Ramesh

                                                                               Crl.O.P.No.28767 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 25.10.2019

                                                         CORAM:

                                     THE HONOURABLE MR. JUSTICE M.S.RAMESH

                                                 Crl.O.P.No.28767 of 2019


                      Mrs.A.Rita Mary                                       ...Petitioner

                                                           Vs.

                      1. The State Rep. by
                      The Inspector of Police,
                      Selaiyur Police Station,
                      St.Thomas Mount,
                      Chennai-600 016.

                      2.Mr.A.Arockia Doss,
                        S/o Late S.Arul,
                        Head Quarters Chief Engineer,
                        Chennai Zone,
                        Island Grounds,
                        Chennai-600 009.                                           ...Respondents




                      PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to

                      direct the 1st respondent police and officials under her control from

                      harassing the petitioner based on the false complaint alleged to be given

                      by the 2nd respondent pending on the file of 1st respondent.


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                                                                              Crl.O.P.No.28767 of 2019



                                          For Petitioner      : Mr.V.S.Usharani

                                          For Respondents     : Mr.C.Iyyapparaj
                                                                Additional Public Prosecutor

                                                           ORDER

It is the grievance of the petitioner that the respondent police have been harassing her 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. 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.

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3. 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 brought to its notice.

4. It is seen that in some cases, the investigation pending before the Police has been stayed by Court orders. It is needless to point out that in cases of this nature, the respondent Police will not be entitled to even proceed with the investigation and therefore, the petitioner may not have an apprehension of harassment in the hands of the Police.

5. In the present case in hand, the petitioner has complained of harassment by the police based on a complaint and seeks 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 petitioner may not be the same to the police officer.

6. In order to circumvent such situations, the following guidelines are issued:

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a)While summoning any persons named in the complaint or any witness to the incident complained of, the police officer shall summon such persons 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 of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to.

7. With the above observations and directions, the Criminal Original Petition stands allowed.

25.10.2019 Index:Yes/No Internet:Yes/No hvk 4/6 http://www.judis.nic.in Crl.O.P.No.28767 of 2019 To

1. The Inspector of Police, Selaiyur Police Station, St.Thomas Mount, Chennai-600 016.

2.The Additional Public Prosecutor, High Court, Madras.

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