Allowed

Lakshmanan, Aged 49 Years, v. the State Rep. by

Madras HC19 Feb 2018CRL OP/4794/2018

Case brief

AI extract

What is this about?

The Madras High Court allowed a criminal original petition filed under Section 482 Cr.P.C. alleging police harassment. The Court issued specific guidelines for summoning witnesses, recording enquiry minutes, and adhering to Supreme Court precedents to prevent harassment during investigations.

What did the court decide?

Criminal Original Petition allowed; guidelines issued directing police to follow specific procedures including written summons under Sec. 160 Cr.P.C. and recording minutes in diaries.

Lakshmanan, Aged 49 Years, Vs the State Rep. by — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.02.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.4794 of 2018

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1.Lakshmanan
2.Johnson .. Petitioners
Vs.
1. The State Rep by
The District Superintendent of Police,
Kancheepuram District,
Kancheepuram.
2.The State Rep by
The Superintendent of Police,
Mamallapuram Range,
Mamallapuram,
Kancheepuram District.
3. The State Rep.by
The Inspector of Police,
District Crime Branch,
Kancheepuram District
Kancheepuram.
4. The State Rep.by
The Inspector of Police,
Thirukazhukundram Police Station,
Thirukazhukundram,
Kancheepuram District.
5. The State Rep.by
The Inspector of Police,
Thiruporur Police Station,
Thiruporur,
Kancheepuram District. .. Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 4th and 5th respondents not harass the petitioners based on the first petitioners representation dated 01.02.2018.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioners : Mr.S.Sugendran

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For Respondents : Mr.C.Raghavan Government Advocate(Crl.Side)

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ORDER

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It is the grievance of the petitioner 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.

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2.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.

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3.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.

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4.In the present case in hand, the petitioner has complained of harassment by the police based on a complaint and seeks 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.

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5.In order to circumvent such situations, the following guidelines are issued:

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a)While summoning any persons named in the complaint or any witness to the incident complained of, the police officer shall summon such persons 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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b)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station.

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https://hcservices.ecourts.gov.in/hcservices/

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c)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation.

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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.

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6.With the above observations and direction, the Criminal Original Petition stands allowed.

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Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
vv
To
1. The District Superintendent of Police,
Kancheepuram District,
Kancheepuram.

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2.The Superintendent of Police, Mamallapuram Range, Mamallapuram, Kancheepuram District.

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The Inspector of Police, District Crime Branch, Kancheepuram District Kancheepuram.

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The Inspector of Police, Thirukazhukundram Police Station, Thirukazhukundram, Kancheepuram District.

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The Inspector of Police, Thiruporur Police Station, Thiruporur, Kancheepuram District.

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https://hcservices.ecourts.gov.in/hcservices/

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The Public Prosecutor, High Court, Madras.

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+1 cc to M/s.S.Sugendran Advocate sr 12589

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Crl.O.P.No.4794 of 2018

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aa01/03/2018

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https://hcservices.ecourts.gov.in/hcservices/

Lakshmanan, Aged 49 Years, v. the State Rep. by

Case brief

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Lakshmanan, Aged 49 Years, v. the State Rep. by

Case brief

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