M.Sekar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M. Sekar ... Petitioner in both Crl.O.Ps.

Vs 1.The Commissioner of Police, Office of Commissioner of Police, Annadhanapatti, Salem - 636 002.

2.The Superintendent of Police, Salem Rural, Salem.

3.The Inspector of Police, Kondalampatti Police Station, Kondalampatti, Salem District.

4.The Inspector of Police, Magudanchavadi Police Station, Magundanchavadi, Salem District.

5.Ragupathy ... Respondents in Crl.O.P.No.10242/2025 1.The Commissioner of Police, Office of Commissioner of Police, Annadhanapatti, Salem - 636 002.

2.The Inspector of Police, Kondalampatti Police Station, Kondalampatti, Salem District.

3.Ragupathy ... Respondents in Crl.O.P.No.10244/2025 PRAYER IN CRL.O.P.No.10242/2025: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the respondents 2 and 4 not to harass the petitioner in the name of enquiry. PRAYER IN CRL.O.P.NO.10244/2025: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the respondents 1 and 2 to provide with police protection to the petitioner and the petitioner's family members.

For Petitioner in both Crl.O.Ps. : Mr. R. Nalliyappan For Respondent : Mr. R. Vinothraja Nos.1 to 4 Government Advocate (Crl. Side) in Crl.O.P.No.10242/2025 For Respondent : Mr. A. Gopinath, Nos.1 & 2 Government Advocate (Crl. Side) in Crl.O.P.No.10244/2025

C O M M O N ORDER Crl.O.P.No.10242 of 2025 has been filed seeking direction to the respondent police not to harass this petitioner in connection with Crime No.Not known of 2025 pending on the file of Respondent Police.

2. Crl.O.P.No.10244 of 2025 has been filed seeking direction to direct the respondents 1 and 2 to provide police protection to the petitioner and the petitioner's family members.

3. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in current paper on the file of the respondent police

5. Heard the learned counsel appearing on either side and perused the materials placed on record.

6. It is the grievance of the petitioner that the respondent police have been harassing him under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. Though the petitioner also sought for police protection, an enquiry is pending as against the petitioner in the complaint lodged by the counter party.

8. 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.

9. 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.

10. 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.

11. 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.

12. With the above observations and direction, these Criminal Original Petitions stand disposed off.

07.04.2025 Index:Yes/No AT

To 1.The Commissioner of Police, Office of Commissioner of Police, Annadhanapatti, Salem - 636 002.

2.The Superintendent of Police, Salem Rural, Salem.

3.The Inspector of Police, Kondalampatti Police Station, Kondalampatti, Salem District.

4.The Inspector of Police, Magudanchavadi Police Station, Magundanchavadi, Salem District.

5.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT 07.04.2025