Normally Wouldn't Interfere With Probe But Can't Turn Blind Eye To Police Harassment Happening Under Guise Of Investigation: Madras High Court

Justice Sathi Kumar Sukumara Kurup was dealing with a plea filed by one Rajini contending that the police were harassing her under the guise of an enquiry/investigation. The police authorities, on the other hand, submitted that a notice under Section 41A of CrPC was issued to the petitioner based on a complaint and pending enquiry.

The court noted that though the Magistrate is a guardian of all stages of police investigation, he does not have the power to interfere in the actual investigation. The court added that this has led to numerous cases of police harassment.

"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."

The court also observed that the power to investigate  into the offences is an unfettered one as long as it is legitimately exercised within the frame work of CrPC.

Taking into account all the facts, the court issued guidelines to be followed for summoning persons as witnesses or otherwise. The court held that while summoning, the police officer should summon the person against whom a complaint has been made or who is a witness to the incident through a written summon under Section 160 CrPC and Section 41A CrPC, as the case may be, specifying the date and time for appearing for such enquiry/investigation.

The court also directed that minutes of the enquiry should be recorded in the general diary/station diary/ daily diary of the police station. The court added that the police officer should refrain from harassing the persons called for enquiry and that the petitioner shall co-operate with the pending investigation. The court added that the police shall not call the petitioner at odd hours.

Case Title: Rajini v The Superintendent of Police and others

Citation: 2023 LiveLaw (Mad) 153

Counsel for Appellant: Mr.M.Subash

Counsel for Respondent: Mr.V.J. Priyadarsana Government Advocate