Pandiarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) Nos.11147 and 11202 of 2021 Pandiarajan
...Petitioner
Vs.
1.The State, Represented by the Inspector of Police, Azhagappapuram Police Station, Karaikudi, Sivagangai District.
2.The Superintendent of Police, Sivagangai.
3.The Tahsildar, 4.Pandiselvam
...Respondents
(R-4 impleaded vide Court order dated 17.09.2021 made in Crl.M.P (MD).No.6613 of 2021) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents herein to not to interfere in the disputes involved in the subject matter of the civil suit in O.S.No.77 of 2021 on the file of learned District Munsif Court, Crl.O.P.(MD) No.11202 of 2021 Ranjith @ Ranjithkumar
...Petitioner
Vs.
1.The State, Represented by the Inspector of Police, Azhagappapuram Police Station, Karaikudi, Sivagangai District.
2.The Superintendent of Police, Sivagangai.
3.The Tahsildar, 1/4
4.Pandiselvam
...Respondents
(R-4 impleaded vide Court order dated 17.09.2021 made in Crl.M.P (MD).No.6611 of 2021) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents herein to not to interfere in the disputes involved in the subject matter of the civil suit in O.S.No.77 of 2021 on the file of learned District Munsif Court, For Petitioner : Mr.V.R.Shanmuganathan (In both cases) For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor (In both cases) For R-4 : Mr.D.Venkatesh (In both cases) COMMON ORDER The Criminal Original petitions have been filed seeking direction to direct the respondents herein not to interfere in the disputes involved in the subject matter of the civil suit in O.S.No.77 of 2021 on the file of learned District Munsif Court, 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 appearing for the respondent police submits that on the complaint given by the defacto complainants against the petitioners, petition enquiry is pending on the file of the respondent police.
4.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor 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.
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 2/4
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 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 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 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. 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 Petitions stand disposed of.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) lr/lm 3/4
To 1.The the Inspector of Police, Azhagappapuram Police Station, Karaikudi, Sivagangai District.
2.The Superintendent of Police, Sivagangai.
3.The Tahsildar, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) Nos.11147 and 11202 of 2021 11.02.2022 RD(23.02.2022) 4P 5C 4/4