Allowed

A.Sureshbabu v. the Commissioner of Police

Madras HC16 May 2018CRL OP(MD)/8152/2018

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed the pioneer criminal writ petition alleging police harassment. The Court issued four specific guidelines to standardize police summoning, record-keeping, and conduct during investigations conducted under Section 160 Cr.P.C., referencing the Lalita Kumari judgment.

What did the court decide?

Issued four guidelines on police summoning and investigation procedure under Section 160 Cr.P.C. to prevent harassment; the petition was allowed.

A.Sureshbabu Vs the Commissioner of Police — Writ and Judicial Review | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.05.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P(MD)No.8152 of 2018

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A.Sureshbabu .. Petitioner

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Vs.

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1.The Commissioner of Police, Madurai City, Madurai. 2.The Assistant Commissioner of Police (Crime), Thilagar Thidal Range, Madurai. 3.The Inspector of Police, S.S.Colony Police Station, Madurai. 4.Fredric K.Lazar .. Respondents

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PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 to 3 to not to harass the petitioner.

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For Petitioner : Mr.G.R.Satish For Respondents : Mr.A.P.G.Ohm chairma Prabhu, No.1 to 3 Government Advocate (Criminal Side).

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ORDER

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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.

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

Sd/-

Vacation Officer

/True copy/

Sub Assistant Registrar

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