Ramu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Ramu

2. Arul Azhagi ... Petitioners Vs

1. The Superintendent of Police, Kancheepuram District

2. Sub-Inspector of Police, CCIW, Kancheepuram.

3. Sub-Inspector of Police, District Crime Branch, Kancheepuram.

... Respondents Prayer:Criminal Original Petition filed under 528 of BNSS., 2023, to direct the second and third respondents namely 1) Sub-Inspector of Police, CCIW, Kancheepuram and 2) Sub-Inspector of Police, District Crime Branch, Kancheepuram not to harass the petitioners herein, since purely civil dispute. For Petitioners : Mr.A.N.Rajan For Respondents : Mr.A.Gopinath, Govt. Advocate (Crl. Side)

ORDER

This petition has been filed to direct the second and third respondents police not to harass the petitioners herein.

2. The learned counsel appearing for the petitioners submits that the second and third respondents police harassed the petitioners 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 against the petitioners, petition enquiry is pending on the file of the respondents police.

4. Heard the learned counsel for both sides and perused the materials placed on record.

5. It is the grievance of the petitioners that the second and third 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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/enquiry into these offences are legitimately exercised within the frame work of Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023. Though the Sanhita 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 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 179 of the Bharatiya Nagarik Suraksha Sanhita, 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.

01.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To

1. The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, Uthangarai Sub-Division, Krishnagiri District.

3. The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 01.04.2025