Disposed

Ram Mohandoss Gandhi v. The Additional Deputy Superintendent of Police

Madras HC18 Mar 2020CRL OP(MD)/4804/2020

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a petition under Section 482 Cr.P.C. seeking directions to prevent police harassment. The court issued specific guidelines regarding summoning witnesses, recording enquiry minutes, and adhering to Supreme Court precedents on FIR registration.

What did the court decide?

Directions issued to police regarding summoning procedures, documentation of enquiries, and preventing harassment; guidelines strictly adhered to.

Ram Mohandoss Gandhi Vs The Additional Deputy… — Public Procurement and Tenders | Madras HC (2020)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.03.2020

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CORAM:

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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Crl.O.P.(MD) No.4804 of 2020

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Ram Mohandoss Gandhi ...Petitioner

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Vs.

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The Additional Deputy Superintendent of Police Virudhunagar District

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The Deputy Superintendent of Police (L&O) Srivilliputhur

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Virudhunagar District

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The Sub Inspector of Police Malli Police Station Srivilliputhur Taluk Virudhunagar District

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Suresh

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...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 to 3 and his men not to harass the petitioner and his family under the guise of enquiry till the disposal of the suit in O.S.No.306 of 2016 on the file of the Sub Court, Srivilliputhur.

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For Petitioner : Mr.K.Kevin Karan For Respondents : Mrs.S. Bharathi Nos. 1 to 3 Government Advocate(Crl.Side)

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ORDER

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This petition has been filed seeking direction to direct the respondents 1 to 3 and his men not to harass the petitioner and his family under the guise of enquiry till the disposal of the suit in O.S.No.306 of 2016 on the file of the Sub Court, Srivilliputhur.

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The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.

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The learned Government Advocate(Crl.Side) appearing https://hcservices.ecourts.gov.in/hcservices/ for the respondent police submits that earlier the petitioner's father has preferred a complaint and the same was enquired and

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closed. Thereafter the fourth respondent has given a complaint and the same was also closed. Again the petitioner has given the complaint alleging allegations against the private respondent and the police officials and the enquiry is pending before the ADSP, Viruthunagar.

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Heard the learned Counsel for the petitioner and learned Government Advocate(Crl.Side) for the respondent police.

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It is the grievance of the petitioner that the respondent police has 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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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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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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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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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 https://hcservices.ecourts.gov.in/hcservices/ 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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dThe police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation.

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

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Sd/-

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Assistant Registrar(Crl.Side)

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/True Copy/

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Sub Assistant Registrar

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The Additional Deputy Superintendent of Police Virudhunagar District

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The Deputy Superintendent of Police (L&O) Srivilliputhur Virudhunagar District

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The Sub Inspector of Police Malli Police Station Srivilliputhur Taluk Virudhunagar District

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4.The Additional Public Prosecutor Madurai Bench of Madras High Court

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+1cc to Mr.K.Kevin Karan, Advocate Sr.No.12174

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AKM/06.05.2020 /3P-6C/

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Crl.O.P.(MD) No.4804 of 2020

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

Ram Mohandoss Gandhi v. The Additional Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Ram Mohandoss Gandhi v. The Additional Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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