K.E. Dayalan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.24608 & 24609 of 2015 1.K.E.Dayalan 2.D.Krishnamoorthy ..

Petitioners in both Crl.O.Ps.

Vs.

1.The State of Tamil Nadu, Rep. by the Commissioner of Police, Veppery, Chennai-600007.

2.The State of Tamil Nadu, Rep. by the Inspector of Police, Central Crime Branch, EDF-III, Vepery, Chennai-600 007.

3.The State of Tamil Nadu, Rep. by the Inspector of Police, Central Crime Branch, EDF-II, Vepery, Chennai-600 007.

..

Respondents in both Crl.O.Ps.

Crl.O.P.No.24608 of 2015 Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent, on receipt of the complaints against the petitioners it should be consolidated and investigate along with Crime No.89 of 2015 pending investigation on the file of the 2nd respondent.

Crl.O.P.No.24609 of 2015 Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent not to harass the petitioners on receipt of any similar complaints against the petitioners.

For Petitioner :

Mr.P.Krishnan For Respondents :

Mr.P.Govindarajan Additional Public Prosecutor.

COMMON ORDER It is the grievance of the petitioners that the respondents 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.By consent of both sides, these Criminal Original Petitions are taken up for final disposal.

3.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.

4.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. 5.In the present case in hand, the petitioners have 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 petitioners may not be the same to the police officer.

6.In order to circumvent such situations, the following guidelines are issued:

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.

7.With the above observations and directions, the Criminal Original Petitions stand allowed.

20.09.2017 Index:Yes rm

To 1.The Commissioner of Police, Veppery, Chennai-600007.

2.The Inspector of Police, Central Crime Branch, EDF-III, Vepery, Chennai-600 007.

3.The Inspector of Police, Central Crime Branch, EDF-II, Vepery, Chennai-600 007.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, rm Crl.O.P.No.24608 & 24609 of 2015 20.09.2017