K.M.Sumathi v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2022
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3679 of 2022 1.K.M.Sumathi 2.K.M.Manjula 3.D.Bhajanlal
...Petitioners
Vs.
1. The Commissioner of Police, Commissioner Office Building, Vepery, Chennai-600 007.
2. The Deputy Commissioner of Police, Perambur, Chennai-600 011.
3. The Inspector of Police, W17- AWPS Pervallur, Chennai-600 082.
...Respondents
PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the third respondent not to harass the petitioners in respect of complaint lodged by Mrs.Devisree Kotteeswaran on 24.01.2022.
For Petitioners : Mr.P.Praveen Kumar For Respondents : Mr.V.Meghanathan Government Advocate (Criminal side)
ORDER
This Criminal Original Petition has been filed, to direct the third respondent not to harass the petitioners in respect of complaint lodged by Mrs.Devisree Kotteeswaran on 24.01.2022.
2. The learned counsel for the petitioners would submit that the respondents police harassed the petitioners under the guise of enquiry and thereby they seeks direction to the third respondent not to harass the petitioners in the guise of enquiry.
3. Mr.V.Meghanathan, learned Government Advocate (Criminal side) appearing for the respondents police would submit that on the complaint given by one Devishree, enquiry is pending in CSR No.23 of 2022 on the file of the third respondent. He would further submit that the respondents police are not harassing the petitioners.
4.Heard both sides and perused the materials available on record.
5.It is the grievance of the petitioners that the respondents police have been harassing them under the guise of an enquiry/investigation and hence, have 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.
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 respondents police are 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 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.
(f) In the event of any cognizable offences made out, the respondents shall register a regular case and follow the procedure in accordance with law.
10.
With the above observations and direction, the Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar shk/arb To
1. The Commissioner of Police, Commissioner Office Building, Vepery, Chennai-600 007.
2. The Deputy Commissioner of Police, Perambur, Chennai-600 011.
3. The Inspector of Police, W17- AWPS Pervallur, Chennai-600 082.
4. The Public Prosecutor, Madras High Court.
+1cc to M/s.P.Praveenkumar, Advocate, S.R.No.10944 Crl.O.P.No.3679 of 2022 PMK(CO) RGA(02/03/2022)