Crl.O.P.(MD) No.9293 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 19.05.2022

CORAM:

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

Crl.O.P.(MD) No.9293 of 2022

1. S.Padmavathy

2. S.Madhanraj

3. S.Manikandan

... Petitioners

Vs

1.The state represented by its

Assistant Commissioner of Police,

Anti Land Grabbing Special Cell,

Madurai City.

2.The Sub Inspector of Police,

Anti Land Grabbing Special Cell,

Madurai City.

3. M.Backiyalakshmi

... Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.

praying to issue directions to the respondent police to not to

interfere in civil disputes and not to harass the petitioners under

the guise of any enquiry, pursuant to the enquiry summons dated

28.04.2022 issued to the first petitioner by the second respondent.

For Petitioners

: Mr.V.R.Shanmuganathan

For R1 and R2

: Mr.M.Sakthi Kumar

Government Advocate

ORDER

This petition has been filed seeking direction to direct the

respondent police to not to interfere in civil disputes and not to

harass the petitioners under the guise of any enquiry, pursuant to

the enquiry summons dated 28.04.2022 issued to the first petitioner

by the second respondent.

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Crl.O.P.(MD) No.9293 of 2022

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 appearing for the respondent

police submits that on the complaint given by the defacto

complainant against the petitioners, petition enquiry is pending on

the file of the respondent police.

4.Heard the learned Counsel for the petitioners and learned

Government Advocate for the respondent police.

5.The grievance of the petitioners is that the respondent

police had been harassing him 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 petitioners have 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 petitioners 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., specifying a particular date and time for appearing before

them for such an enquiry/investigation.

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Crl.O.P.(MD) No.9293 of 2022

b) The respon