Adham Bava v. The Assistance Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3513 OF 2022 Adham Bava ... Petitioner Vs.
1. The Assistant Commissioner of Police, Vepery Police Station, Jermiah Road, Vepery, Periyamet, Chennai.
2. The Inspector of Police, F3, Nungambakkam Police Station, Nungambakkam, Chennai - 600 034, PS CSR No.24/2022.
3. Muruga Bharathi
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondents not to harass the petitioner based on the complaint given by the 3rd respondent. For Petitioner :
Mr.S.Veeraraghavan For Respondents :
Mr.V.Meganathan, Government Advocate (Crl. Side)
O R D E R
This petition has been filed seeking direction to the 1st and 2nd respondents not to harass the petitioner based on the complaint given by the 3rd respondent.
2.Mr.V.Meganathan, learned Government Advocate (crl.side) appearing for the respondent police would submit that on the complaint given by one D.Sathiyanathan, Authorized Signatory representing MANI and MONEY Ltd., against the petitioner,
enquiry has been conducted in CSR No.24/2022 by the second respondent and the same is pending on the file of the respondent police.
3. Heard the learned Counsel and perused the materials available on record.
4. It is the grievance of the petitioner that the respondent police has 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.
5. 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.
6. 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.
7. 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 petitioner may not be the same to the police officer.
8. 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. 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 respondent 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-IV) //True Copy// Sub Assistant Registrar vri/shk To
1. The Assistant Commissioner of Police, Vepery Police Station, Jermiah Road, Vepery, Periyamet, Chennai.
2. The Inspector of Police, F3, Nungambakkam Police Station, Nungambakkam, Chennai - 600 034, PS CSR No.24/2022.
3. The Public Prosecutor, Madras High Court.
+1cc to M/s.S.Veeraragavan, Advocate, S.R.No.9736 Crl.O.P.No.3513 of 2022 PL(CO) RLP(02/03/2022)