Back
MADRAS HIGH COURT
Sathi Kumar Sukumara Kurup, J.
Rajini – Petitioner
versus
The Superintendent of Police and Anr. – Respondents
Crl.O.P.No.12133 of 2023
Decided on 25.5.2023
(A) Criminal Procedure Code, 1973 – Sections 41-A, 160 and 482 – Police notice – Alleged harassment by Police – Enquiry into a non-cognizable offence or a cognizable offence is unfettered powers of Investigating Officers – Though Cr.P.C. empowers Magistrate to be a guardian in all stages of police investigation, there is no power envisaging him to interfere with actual investigation or mode of investigation – This Court, exercising its power under Section 482 of Cr.P.C. normally would not interfere with investigation conducted by a police officer – Nevertheless, it would also not turn a blind eye to instances of harassment by police under guise of investigation is brought to its notice – Term ‘harassment’ by itself has a very wide meaning and what could be harassment to petitioner may not be the same to police officer. (Paras 6, 7 and 8)
(B) Criminal Procedure Code, 1973 – Sections 41-A, 160 and 482 – Police notice – Alleged harassment by Police – While summoning any person named in complaint or any witness to incident complained of, police officer shall summon such person through a written summon under Section 160 Cr.P.C., in case of witnesses and Section 41-A Cr.P.C., in case of complaints against any person (accused) specifying a particular date and time for appearing before him for such enquiry/investigation – Minutes of enquiry shall be recorded in general diary/station diary/daily diary of police station – Police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation – Petitioner shall co-operate with pending investigation with Respondent police – Respondent directed not to summon Petitioner at odd hours – Guidelines stipulated for preliminary enquiry or registration of FIR by Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to. (Para 8)
(A) Criminal Procedure Code, 1973 – Sections 41-A, 160 and 482 – Police notice – Alleged harassment by Police – Enquiry into a non-cognizable offence or a cognizable offence is unfettered powers of Investigating Officers – Though Cr.P.C. empowers Magistrate to be a guardian in all stages of police investigation, there is no power envisaging him to interfere with actual investigation or mode of investigation – This Court, exercising its power under Section 482 of Cr.P.C. normally would not interfere with investigation conducted by a police officer – Nevertheless, it would also not turn a blind eye to instances of harassment by police under guise of investigation is brought to its notice – Term ‘harassment’ by itself has a very wide meaning and what could be harassment to petitioner may not be the same to police officer. (Paras 6, 7 and 8)
(B) Criminal Procedure Code, 1973 – Sections 41-A, 160 and 482 – Police notice – Alleged harassment by Police – While summoning any person named in complaint or any witness to incident complained of, police officer shall summon such person through a written summon under Section 160 Cr.P.C., in case of witnesses and Section 41-A Cr.P.C., in case of complaints against any person (accused) specifying a particular date and time for appearing before him for such enquiry/investigation – Minutes of enquiry shall be recorded in general diary/station diary/daily diary of police station – Police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation – Petitioner shall co-operate with pending investigation with Respondent police – Respondent directed not to summon Petitioner at odd hours – Guidelines stipulated for preliminary enquiry or registration of FIR by Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to. (Para 8)
Result: Criminal Original Petition disposed of with observations and directions.
ORDER
Sathi Kumar Sukumara Kurup, J.—This petition has been filed seeking direction to the second respondent police not to harass the petitioner in connection with Crime No.245 of 2021 pending on the file of Respondent Police.
2. The learned counsel appearing for the petitioner submitted that the respondent police harassed the petitioner under the guise of enquiry.
3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in Cr.No.245 of 2021 on the file of the respondent police. He further submitted that notice under Section 41-A of Cr.P.C. is issued.
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 have been harassing her 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 learned Government Advocate submitted that the Respondent police had issued notice under Section 41-A as complaint against the Petitioner had been received by the Respondent. When a complaint had been received by the Respondent police and notice under Section 41-A had been issued by the Respondent police the Petitioner herein is a law abiding citizen of this country and is duty bound to respect the notice issued by the Respondent police and appear before the police officer concerned. 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., in case of witnesses and Section 41-A Cr.P.C., in case of complaints against any person (accused) specifying a particular date and time for appearing before him 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 Petitioner shall co-operate with the pending investigation with the Respondent police.
(e) The Respondent is directed not to summon the Petitioner at odd hours.
(f) 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) Enquiry into a non-cognizable offence or a cognizable offence is unfettered powers of Investigating Officers.(2) While summoning any person named in complaint or any witness to incident complaine....
High Court would not turn a blind eye to instances of harassment by police under guise of investigation when it is brought to its notice.
The legitimate exercise of powers by investigation officers within the framework of the Code of Criminal Procedure and the court's authority to address instances of harassment during police investiga....
The Court's inherent powers under Section 482 of Cr.P.C. can be invoked to issue guidelines to prevent harassment by the police during enquiries.
Prevention of harassment by police during enquiry and adherence to guidelines for preliminary enquiry or registration of FIR by the Supreme Court.
Prevention of harassment during police investigation and the issuance of specific guidelines to ensure proper procedures and adherence to Supreme Court guidelines.
Police harassment during inquiries must be addressed following established guidelines to avoid misuse of power.
Guidelines to prevent police harassment during enquiry/investigation and the obligation of individuals to cooperate with police summons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
