K.Maanikam, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.843 of 2018 K. Maanikam* .. Petitioner Vs.
State Represented by The Inspector of Police, V.Kalathur Police Station, Perambalur District.
Crime No.28 of 2014.
.. Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police not to harass the petitioner based on Crime No.28 of 2014 on the file of the Inspector of Police, V.Kalathur Police Station, Perambalur District.
For Petitioner :
Mr.P.Muthamizhselvakumar For Respondent :
M/s.V.Sarathadevi Government Advocate (Crl.Side)
ORDER
It is the grievance of the petitioner is that the respondent police have been harassing them, 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.
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 is brought to its notice.
4.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.
5.In order to circumvent such situations, the following guidelines are issued, subject to such complaint being kept pending against the petitioner herein:
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.
6.With the above observations and direction, the Criminal Original Petition stands allowed.
-Sd/- Assistant Registrar(CS-V) dt. 24.1.2018 Amended as per order dated 20.02.2018 Sd/- Assistant Registrar(CCC) dt.22.2.2018 // True Copy // Sub Assistant Registrar
To 1.The Inspector of Police, V.Kalathur Police Station, To be substituted to the order Perambalur District.
already despatched on 12.2.2018 2.The Public Prosecutor, High Court, Madras.
2 ccs to MR.P.MUTHAMIZH SELVAKUMAR, Advocate Sr.No.8083 & 12917 Crl.O.P.No.843 of 2018 VS 01/02/2018 EU 22.2.2018