D.Suresh v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Suresh ... Petitioner Vs

1. The Commissioner of Police, Aavadi City, Aavadi.

2. The Inspector of Police, Mangadu Police Station, Chennai.

3. Gothandapani ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., directing the first and second respondents Police not to harass the petitioner under the guise of enquiry since the matter pertaining to the civil dispute. For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.A.Gopinath, Govt. Advocate (Crl. Side) (for R1 & R2) 1/7

O R D E R

This petition has been filed to direct the first and second respondents Police not to harass the petitioner under the guise of enquiry since the matter pertaining to the civil dispute.

2. The learned counsel appearing for the petitioner submits that the first and second respondents police harassed the petitioner under the guise of enquiry.

3. The learned Government Advocate (Crl. Side) appearing for the first and second respondents police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.S.R.No.331 of 2025 on the file of the first and second respondents police.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first and second respondents and perused the materials placed on record. 2/7

5. It is the grievance of the petitioner that the first and second respondents police has 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.

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.

3/7

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 petitioner has 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 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 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 4/7

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 directions, the Criminal Original Petition stands disposed of.

30.04.2025 Index:Yes/No kv 5/7

To

1. The Commissioner of Police, Aavadi City, Aavadi.

2. The Inspector of Police, Mangadu Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

6/7

G.K.ILANTHIRAIYAN, J.

kv 30.04.2025 7/7