K.S.Rajan v. State Rep by
Case brief
What is this about?
The High Court at Madras issued guidelines under Section 482 Cr.P.C. to prevent police harassment during investigations, mandating written summons under Section 160 Cr.P.C., proper diary recording, and adherence to Supreme Court principles in Lalita Kumari.
What did the court decide?
Issued guidelines mandating written summons under Section 160 Cr.P.C. and adherence to Lalita Kumari guidelines.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Crl.O.P.No.22576 of 2019
- K.S.Rajan
2. Manimegalai
3. Ragavisubashri
4. R.Kishan .. Petitioners
Vs.
1. State rep by
The Assistant Commissioner of Police,
Royapettah,
Chenani.
2. The Inspector of Police,
Royapettah Police Station,
Chenani.
.. Respondents
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C. praying to direct the respondents not to harass the
petitioners herein.
For Petitioners : Mr.T.Balaji
For Respondent : Mr.C.Iyyapparaj
Additional Public Prosecutor
ORDER
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.
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
Issues for consideration
3 issues framed by the court
Whether the Court can issue guidelines to prevent police harassment during investigation under Section 482 Cr.P.C.
What procedural safeguards should police follow when summoning persons for investigation to prevent harassment.
How preliminary enquiry guidelines from Lalita Kumari Vs. Uttar Pradesh apply to Harassment petitions.
Parties & counsel
- petitioner
K.S.Rajan
- petitioner
Manimegalai
- petitioner
Ragavisubashri
- petitioner
R.Kishan
- respondent
The Assistant Commissioner of Police, Royapettah
- respondent
Case details
As recorded by the court registry
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