Thangaraj, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.(MD)No.8374 of 2018 Thangaraj ..

Petitioner Vs.

1.The Superintendent of Police, Virudhunagar, 2.The Additional Superintendent of Police, Prohibition of Enforcement Wing, 3.The Inspector of Police, East Police Station, ..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 2 and 3 herein not to harass the petitioner under the guise of enquiry.

For Petitioner :

Mr.J.Jeyakumaran For Respondents :

Mr.A.P.G.Ohm Chairma Prabhu Government Advocate Criminal side)

ORDER

It is the grievance of the petitioner that the respondents 2 and 3 have been harassing him and his family members 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.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.

3.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. 4.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.

5.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.

6.With the above observations and direction, the Criminal Original Petition stands allowed.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar,

2.The Additional Superintendent of Police, Prohibition of Enforcement Wing, 3.The Inspector of Police, East Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.J.Jeyakumaran, Advocate, SR.No.65799. Crl.O.P.(MD)No.8374 of 2018 17.05.2018 ns RAM/SKN RSK/SAR 2/28.05.2018/3P/6C