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P.C.Harishkumar vs The Inspector Of Police on 17 September, 2019

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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