S.Pandiyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6936 of 2022 1.S.Pandiyan 2.M.R.Chendilnathan

...Petitioners

Vs.

The Inspector of Police, Land Grabbing Special Cell, Chengalpattu District.

...Respondent

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent not to harass the petitioners under the guise of investigation. For Petitioners : Mr.S.Jaganathan, For Respondent : Mr.V.Meganathan Government Advocate (criminal side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioners under the guise of investigation.

2. The learned counsel appearing for the petitioners would submit that the respondent police harassed the petitioner under the guise of enquiry and thereby he seeks direction to the respondent police not to harass the petitioners under the guise of enquiry.

3. Mr.V.Meganathan, learned Government Advocate (Criminal side) appearing for the respondent would submit that earlier on the complaint given by one Velmurugan Sholakanar, in respect of the very same issue, enquiry has been conducted and the same has been closed by the Thoraippakkam Police. Once again, the present complaint has been lodged by one Devarajan and based on that complaint, enquiry has been conducted in C.No.G3/393/17068/2021 and the same is pending on the file of the respondent. He would

further submit that the respondent police is not harassing the petitioners.

4. Heard both sides and perused the materials available on record.

5. It is the grievance of the petitioner that the respondent has been harassing them under the guise of 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 enquiry or 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 enquiry or 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 petitioner 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 for enquiry the guidelines stipulated for preliminary enquiry 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. b) 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 mentioning the

CSR number, date of complaint and the name of the complainant and he shall also specify the date and time for appearing before them for such enquiry/investigation.

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.

10. With the above observations and direction, the Criminal Original Petition stands disposed of. s/d- Assistant Registrar True Copy Sub-Assistant Registrar shk/sai To 1.The Inspector of Police, Land Grabbing Special Cell, Chengalpattu District.

2.The Public Prosecutor, High Court of Madras.

+1 CC to Mr.S.Jaganathan, Advocate sr 20535.

Crl.O.P.No.6936 of 2022 SKM(CO) SP(19/04/2022)