A. Dharcis v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.14308 of 2019 and Crl.M.P.(MD) No.8647 of 2019 A. Dharcis
...Petitioner/Alleged Accused
Vs.
1. The Superintendent of Police Kanyakumari, Nagercoil.
2. The Superintendent of Police, Tuticorin District, Tuticorin.
3. The Inspector of Police District Crime Branch, Nagercoil.
4. The Inspector of Police, South Police Station, Tuticorin.
5. The Inspector of Police, Kulachal, Nagercoil.
6. Margret Mary
...Respondents/.Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records, DCB No.637 of 2019 in summon No.P2/sP/4082/19, on the file of the third respondent and quash the same.
For Petitioner : Mr.A.W.D. Tilak For Respondents : Mr.K.Suyambulinga Bharathi 1 to 5 Government Advocate(Crl.Side)
ORDER
This petition has been filed to quash the impugned summon No.P2/sP/4082/19, issued by the third respondent in DCB No.637 of 2019.
2.The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioners under the guise of enquiry.
3.The learned Government Advocate(Crl.Side) appearing for the respondent police submits that on the complaint given by the defacto complainants against the petitioner, petition enquiry is pending on the file of the respondent police.
4.Heard the learned Counsel for the petitioner and learned Government Advocate(Crl.Side) for the respondent police. 5.It is the grievance of the petitioner 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 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 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 impugned summon issued by the third respondent cannot be quashed and 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. 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.
With the above observations and direction, the Criminal Original Petition stands disposed off. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) To
1. The Superintendent of Police Kanyakumari, Nagercoil.
2. The Superintendent of Police, Tuticorin District, Tuticorin.
3. The Inspector of Police District Crime Branch, Nagercoil.
4. The Inspector of Police, South Police Station, Tuticorin.
5. The Inspector of Police, Kulachal, Nagercoil.
Copy to The Additional Public Prosecutor Madurai Bench of Madras High Court,Madurai.
+1 CC to M/s.AWD.THILAK, Advocate ( SR-92227[F] dated 16/10/2019 ) Crl.O.P.(MD) No.14308 of 2019 14.10.2019 ksa VB(25.10.2019) 3P 8C