Madras High CourtCRL OP(MD)/2428/2020disposed of

Chinnaraja v. The Superintendent Of Police

2020-02-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.(MD)No.2428 of 2020

1. Chinnaraja

2. Saravanan ... Petitioners Vs 1.The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Inspector of Police Parthibanur Police Station Ramanathapuram District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second respondent not to harass the petitioners in the guise of enquiry without following procedure of law.

For Petitioners : Mr.T.Veerakumar For Respondents : Mr.S.Chandrasekar No.1 &2 Additional Public Prosecutor

O R D E R

This criminal original petition has been filed for a direction to direct the second respondent not to harass the petitioners in the guise of enquiry without following procedure of law. 2.

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

3. The learned Additional Public Prosecutor would submit that one Dhanabackiyam has given a complaint stating that the petitioners had abused her and also attacked her and also intimidated her with aruval. Based on the complaint given by one Dhanabackiyam enquiry has been initiated in CSR No. 05 of 2020 and the petitioners have been summoned for enquiry and issued notice under Section 160 of Cr.P.C was also served on the petitioner other than that they have not harassed the petitioners. 1/3

Heard the learned Counsel for the petitioners and learned Government Advocate(Crl.Side) for the respondent police. 5.

It is the grievance of the petitioners that the respondent police has 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.

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.

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. 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 petitioner may not be the same to the police officer.

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 respondent police is directed to serve summons mentioning the CSR number, date of complaint and the name of the complainant c)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. 2/3

d)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation. e)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.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Inspector of Police Parthibanur Police Station Ramanathapuram District 3.The Additional Public Prosecutor, Madurai bench of Madras High Court, Madurai. +1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-6187[F] dated 13/02/2020 ) CRL.O.P.(MD)No.2428 of 2020 12.02.2020 SE(CO) TR(26.02.2020)3P 5C 3/3