Police cannot interfere in civil property disputes via enquiries or pre-FIR summons; civil courts handle title and possession claims.

ORDER

The petitioner, with a grievance that the respondent police are harassing him under the guise of conducting a petition enquiry, has filed this petition seeking directions to the respondent police not to interfere in the civil dispute.

2.Learned Government Advocate (Crl. Side) appearing for the respondent police submitted that they are conducting a petition enquiry as against this petitioner in CSR.No.511 of 2025. He further submitted that summons have been issued to the petitioner under Sections 94 and 179 of the BNSS to conduct enquiry in respect of the same.

3.This Court has perused the Case Diary file and verified the nature of the complaint. It appears that the third respondent has lodged a complaint on 29.09.2025 alleging that this petitioner has illegally encroached upon a land in S.Nos.606/2367 and 606/2263 to an extent of 6 acres belonging to Suntharapuram Pallivasal and is attempting to erect a shed on the said land. The respondent police have treated this complaint, which prima facie appears to be of civil in nature, as a petition enquiry and registered CSR.No.511 of 2025.

4.The petitioner claims that he is having patta for the land in the above survey numbers. The 3^rd respondent, who is the representative of the Suntharapuram Pallivasal, is also claiming title over the said property. In the event, the Pallivasal is having a grievance that the petitioner has encroached upon the said land, the legal remedy available to them is by filing a suit for recovery of possession or an injunction before the civil Court. Instead of pursuing the above remedies, they have filed a complaint to the respondent police and the police has also yielded to the same.

5.It is a settled position that the police cannot interfere in civil disputes and convert the same into criminal matters by entertaining complaints in respect of the same. PSO No.562 specifically prohibits the police from investigating the cases of civil in nature. The Director General of Police has issued Circular No. 126303/Cr.I(1)/2008, dated 04.12.2008 restraining the police from entertaining the complaint of civil in nature. A similar circular was also issued by the Additional Director General of Police in Circular No. 18/ADGP/L&O/Camp/2024, dated 09.01.2024. These departmental circulars make it explicit that police officers have no jurisdiction to summon parties or mediate civil disputes under the pretext of enquiry.

6.In fact, this Court in Abdul Kadar and Others v. Commissioner of Police and Others [2025-MHC-2518] has issued directions that police officers shall not entertain or conduct enquiries in disputes which are civil in nature such as those involving property. It was also directed that summons under Sections 94 or 179 BNSS shall be issued only after registration of an FIR, and never during preliminary or petition enquiry. However, the respondent police has issued a summons to the petitioner in the present case without even registering a FIR. Such a practice has no recognition under the Bharatiya Nagarik Suraksha Sanhita. None of the above instructions and directions are being complied by the police officers.

7.The police force is claiming to be a disciplined force. However, the subordinate officers are not having any regard to the directions issued by the Director General of Police and by this Court. In fact, this Court is witnessing multiple instances wherein the police officers are entertaining civil disputes, probably because some revenue is arising out of it. In the present case, the complaint of the 3^rd respondent was treated as a petition enquiry on 29.09.2025 and kept pending for the past 6 months. Rather than spending their valuable time and energy o