Crl.O.P.No.25073 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Crl.O.P.No.25073 of 2019
P.C.Harishkumar .. Petitioner
Vs.
State Rep by:
1.The Inspector of Police,
W-30, All Women Police Station,
Poonnamalle.
2.S.Ishwarya Priya .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
direct the respondents not to harass the petitioner to give 40 sovereign gold
jewels, Rs.2,00,000/- alimony and to sign mutual divorce petition, on the
disguise of enquiry or in any other manner on the foisted complaint lodged
by the Defacto Complainant on the file of Respondent Police Station,
without adhering to the mandatory provisions of law.
For Petitioner : Mr.L.Prakash Raj
For Respondents : Mr.C.Iyyapparaj
Additional Public Prosecutor
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Crl.O.P.No.25073 of 2019
ORDER
It is the grievance of the petitioner that the respondent police 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. ThoughSection
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
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Crl.O.P.No.25073 of 2019
eye to instances of harassment by the police under the guise of
investigation is brought to its notice.
4. It is seen that in some cases, the investigation pending before the
Police has been stayed by Court orders. It is needless to point out that in
cases of this nature, the respondent Police will not be entitled to even
proceed with the investigation and therefore, the petitioner may not have
an apprehension of harassment in the hands of the Police.
5.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.
6.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
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Crl.O.P.No.25073 of 2019
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.
7. With the above observations and direction, the Criminal Original
Petition stands allowed.
17.09.2019
Index:Yes/No
Internet : Yes/No
jas/hvk
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Crl.O.P.No.25073 of 2019
To
1.The Inspector of Police,
W-30, All Women Police Station,
Poonnamalle.
2.The Additional Public Prosecutor,
High Court, Madras.
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Crl.O.P.No.25073 of 2019
M.S.RAMESH.J,
jas/hvk
Crl.O.P.No.25073 of 2019
17.09.2019
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