S.Mohan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:05.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8900 of 2019 S.Mohan
...Petitioner
Vs.
1.State by, The District Superintendent of Police, Office of the District Superintendent of Police, Hosur, Krishnagiri District.
2.State by the Inspector of Police, Hosur Town Police Station, Hosur, Krishnagiri District-635 109.
..Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 1st respondent police not to harass the petitioner by asking him to come to the police station repeatedly, without any valid reason.
For Petitioner : Mr.M.Duraimurugan For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side)
ORDER
This petition has been filed seeking direction to the first respondent police not to harass these petitioner in connection with Crime No.Not known of 2019 pending on the file of second Respondent Police.
2.
The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.
3.
The learned Government Advocate (Crl.Side) appearing for the respondents police submits that on the complaint given by the defacto complainant, petition enquiry is pending in C.S.R.No.31 of 2019 on the file of the respondent police.
4.
Heard the learned Counsel for the petitioners and learned Government Advocate (Crl.Side) for the respondents police.
5.
It is the grievance of the petitioners 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.
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 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.
10.
With the above observations and direction, the Criminal Original Petition stands disposed of. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mpa/vsn To
1. The District Superintendent of Police, Office of the District Superintendent of Police, Hosur, Krishnagiri District.
2.The Inspector of Police, Hosur Town Police Station, Hosur, Krishnagiri District-635 109.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Duraimurugan, Advocate SR.No.33694 Crl.O.P.No.8900 of 2019 PPA(CO) GMY(07/05/2019)