Dismissed

Kadar ibrahim v. The Superintendent of police

Madras HC19 Nov 2019CRL OP(MD)/10314/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a Criminal Original Petition filed to stop police harassment. The Court issued guidelines for police enquiries, mandating written summonses, CSR number details, diary recording, and strict adherence to Lalita Kumari guidelines to ensure legitimate investigation practices.

What did the court decide?

Directions issued to police to serve written summonses with details, record minutes in diary, and adhere to Lalita Kumari guidelines to prevent harassment; petition disposed.

Kadar ibrahim Vs The Superintendent of police — Writ and Judicial Review | Madras HC (2019)

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Crl.O.P.(MD)No.10314 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.11.2019

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.(MD)No.10314 of 2019

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Kadhar Ibrahim ...Petitioner

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-Vs-

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1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

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2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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3.Yogaanandham 4.Umanath 5.Saravanakumar ... Respondents

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Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioner and his family members under the guise of enquiry based on the 3^rd to 5^th respondents' complaint.

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For Petitioner : Mr.S.Muthalraj

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For R1 and R2 : Mr.R.Anandharaj Additional Public Prosecutor

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O R D E R

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This Criminal Original petition has been filed to direct the second respondent not to harass the petitioner and his family members under the guise of enquiry based on the 3^rd to 5^th respondents' complaint.

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2.The learned counsel appearing for the petitioner would submit that the respondent police harassed the petitioner and his family members under the guise of enquiry.

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3.The learned Additional Public Prosecutor appearing for the respondent police would submit that on the complaint given by the respondents 3 to 5 against the petitioner, petition enquiry is pending on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD)No.10314 of 2019

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4.Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police.

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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.

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6.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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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.

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8.In the present case in hand, the petitioner has 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 petitioner may not be the same to the police officer.

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

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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.

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b) The respondent police is directed to serve summons mentioning the CSR number, date of complaint and the name of the complainant.

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c)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station.

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d)The police officer shall refrain himself or herself from harassing persons called upon for https://hcservices.ecourts.gov.in/hcservices/ enquiry/investigation.

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Crl.O.P.(MD)No.10314 of 2019

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e)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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10.With the above observations and direction, the Criminal Original Petition stands disposed of.

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Sd/-

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Assistant Registrar (CS-II) // True Copy //

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Sub Assistant Registrar(CS)

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sji To

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1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

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2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-99439[F] dated 19/11/2019

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Crl.O.P.(MD)No.10314 of 2019 19.11.2019

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JMN(02.12.2019) 3P : 5C

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

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Kadar ibrahim v. The Superintendent of police

Case brief

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Kadar ibrahim v. The Superintendent of police

Case brief

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