Crl.O.P.No.
8558 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
Crl.O.P.No.8558 of 2022
K.N.Ranganathan ... Petitioner
Vs.
1.The Deputy Superintendent of Police
District Police Headquarters
Krishnagiri, Krishnagiri District
2.The State Represented by
The Inspector of Police
Krishnagiri Town Police Station
Krishnagiri District ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to direct the respondent Police not to harass the petitioner.
For Petitioner : Mr.C.Arun Kumar
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
ORDER
This petition has been filed seeking direction to the respondent
police not to harass these petitioner in connection with Crime No. Not
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Crl.O.P.No.8558 of 2022
known of 2022 pending on the file of Respondent Police.
2.The learned counsel appearing for the petitioner submits that the
respondent police harassed the petitioner under the guise of enquiry.
3.The learned Additional Public Prosecutor appearing for the
respondent police submits that on the complaint given by the defacto
complainant against the petitioner, petition enquiry is pending on the file
of the respondent police.
4.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the respondent police.
5.It is the grievance of the petitioner that the respondent police
have 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
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Crl.O.P.No.8558 of 2022
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
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Crl.O.P.No.8558 of 2022
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 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., 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 F.I.R by the Hon'ble Supreme Court in Lalita
Kumari Vs. Government of Uttar Pradesh and others [2014
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Crl.O.P.No.8558 of 2022
(2) SCC (1)] shall be strictly adhered to.
10.Considering the facts and circumstances, the respondent police
is directed to conduct the enquiry and if any prima facie case is made out
against the petitioner, register the F.I.R or close the petition enquiry
within a period of one (1) week from the date of receipt of a copy of this
order. The petitioner is directed to cooperate with the enquiry.
11.With the above observation and direction, the Criminal Original
Petition stands closed.
21.06.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
kas
N.SATHISH KUMAR, J.
kas
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Crl.O.P.No.8558 of 2022
To
1.The Deputy Superintendent of Police
District Police Headquarters
Krishnagiri, Krishnagiri District
2.The Inspector of Police
Krishnagiri Town Police Station
Krishnagiri District
3.The Public Prosecutor
High Court of Madras
Chennai 600 104
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