K.Asaithambi v. The District Collector
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.02.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Asaithambi ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Madurai District.
2.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Nilakottai Taluk, Dindigul District.
4.The Inspector of Police, Sholavandan Police Station, Madurai District.
... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to strictly instruct the fourth respondent not to harass the petitioner by way of compelling him to execute a bail bond worth of Rs.1,00,000/- with two sureties for a period of one year under Section 110 of the Criminal Procedure Code without following mandatory procedure under Chapter VIII of the Criminal Procedure Code by considering the petitioner's representation, dated 13.10.2021 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed for a direction to direct the second respondent to instruct the fourth respondent not to harass the petitioner.
2.The learned counsel appearing for the petitioner would submit that the respondent police harassed the petitioner under the guise of enquiry.
1/3
3.The learned Government Advocate (Criminal Side) would submit that petition enquiry is pending on the file of the respondent police.
4. Heard both sides.
5. It is the grievance of the petitioner that the respondent police has been harassing him 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 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 on hand, the petitioner has 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. 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. dThe police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation. 2/3
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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The District Collector, Office of the District Collector, Madurai District.
2.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Nilakottai Taluk, Dindigul District.
4.The Inspector of Police, Sholavandan Police Station, Madurai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.16531 of 2021 16.02.2022 RD(02.03.2022) 3P 6C 3/3