M.Sheikpandiyan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.15561 of 2022 M.Sheikpandiyan ... Petitioner Vs.
1.The Superintendent of Police, Dharmapuri O/o.The Superintendent of Police, Dharmapuri.
2.The Deputy Superintendent of Police, Palacode, Dharmapuri District.
3.The Inspector of Police, Marandahalli Police Station Dharmapuri District.
Crime No. Not known of 2022 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct respondents police not to harass the petitioner and not to disturb his business.
For Petitioner : Mr.U.Devasenathipathi For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
O R D E R
This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct respondents police not to harass the petitioner and not to disturb his business.
2.Learned counsel appearing for the petitioner submits that the respondent police are unnecessarily harassing the petitioner under the guise of enquiry.
3.Learned Government Advocate (Crl. Side) appearing for the respondent police submits that the complaint under Prohibition Act against the petitioner pending.
4.Heard the learned Counsel for the petitioner and learned Government Advocate for the respondent police. 5.It is the grievance of the petitioner that the respondent police have been harassing them under the guise of an enquiry/investigation and Page No.2 of 6
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 Page No.3 of 6
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 about the harassment by the police 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. Page No.4 of 6
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.Considering the facts and circumstances, the respondent police is directed to conduct the enquiry and if any prima facie case is made out against the petitioner, register the F.I.R or close the petition enquiry. The petitioner is directed to cooperate with the enquiry. 11.With the above observation and direction, the Criminal Original Petition stands disposed of.
07.07.2022 kas Index: Yes / No Internet : Yes / No Speaking / Non Speaking order Page No.5 of 6
N.SATHISH KUMAR, J.
kas To 1.The Superintendent of Police, O/o.The Superintendent of Police, Dharmapuri.
2.The Deputy Superintendent of Police, Palacode, Dharmapuri District.
3.The Inspector of Police, Marandahalli Police Station Dharmapuri District.
4.The Public Prosecutor, High Court of Madras Chennai 600 104.
CRL.O.P.No.15561 of 2022 07.07.2022 Page No.6 of 6