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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.21544 of 2022 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 adhere. For Petitioners          :  Mr.T.Shanmugarajeswaran                                  For Respondent        :  Mr.S.Santhosh    Government Advocate (Crl.side)  ORDER

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:  08.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.21544 of 2022

1.S.Prakash

2.Meenakshi Ammal

3.P.Karpagavalli

4.Kumaresan                                    …Petitioners

Vs.

The Inspector of Police,

District Crime Branch,

Tiruppur District, Tiruppur.      …Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent/police not to harass the petitioners under the guise of enquiry pending before the respondent/police.

For Petitioners          :  Mr.T.Shanmugarajeswaran

For Respondent        :  Mr.S.Santhosh

Government Advocate (Crl.side)

ORDER

This petition has been filed seeking direction to the

respondent police not to harass the petitioners in connection with Crime

No.Not known of 2022 pending on the file of Respondent Police.

  1. The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioners under the guise of enquiry.
  2. The learned Government Advocate (Crl.side) appearing for the respondent police submits that on the complaint given by the de-facto complainant against the petitioners, petition enquiry is pending on the file of the respondent police.
  3. Heard the learned Counsel for the petitioners and learned

Government Advocate (Crl.side) appearing for the respondent police.

  1. It is the grievance of the petitioners that the respondent police have been harassing them under the guise of an

enquiry/investigation and hence, has invoked the inherent powers of this

Court under Section 482 of Cr.P.C.

  1. 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.

  1. 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.
  2. 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.
  3. 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 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.

  1. With the above observations and direction, the Criminal

Original Petition stands disposed off.

08.09.2022

Internet:Yes

Index:Yes/No

Speaking/Non speaking order mpl

G.K.ILANTHIRAIYAN, J

mpl

To

1.The Inspector of Police,    District Crime Branch,    Tiruppur District, Tiruppur.

2.The Public Prosecutor,     High Court, Madras.

Crl.O.P.No.21544 of 2022

08.09.2022

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