"Police have power to probe, not harass": Madras High Court issues guidelines for summoning witnesses, accused for investigation

The Madras High Court recently said that while courts normally do not interfere with police investigation, they cannot turn a blind eye if the police begin to harass citizens under the guise of investigation. .Justice Sathi Kumar Sukumara Kurup said the police has unfettered power to investigate only as long as such power is used legitimately and in accordance with the Code of Criminal Procedure (CrPC). "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," the High Court said. It, therefore, issued the following guidelines to be followed by the Police while summoning persons for investigation under Section 160 CrPC or Section 41A CrPC:- 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 CrPC, in case of witnesses and Section 41A CrPC, in case of complaints against any person (accused) specifying a particular date and time for appearing before him for such an enquiry/investigation; - The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station; - The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation;- The guidelines stipulated for preliminary enquiry or registration of FIR by the Supreme Court in Lalita Kumari vs. Government of Uttar Pradesh and others shall be strictly adhered to..The Court was hearing a petition filed by one Rajini who sought the Court's intervention saying the local police was harassing her under the pretext of an enquiry. The police, however, claimed it had issued a notice to the petitioner under Section 41A of CrPC and was conducting an investigation after a complaint against her. The police denied all allegations of harassment. The Court said the term harassment covers a wide range of issues and what might be considered as harassment by the petitioner might not seem like harassment to the police. Nevertheless, the police was bound to strictly adhere to the mandate of the CrPC, the Court said. .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," the High Court said..The Court then issued the guidelines to be followed by the police while summoning persons as witnesses or otherwise. The Court further directed that the petitioner should co-operate with the police investigation.The Court also directed the police not to summon the petitioner at odd hours. .Advocate M Subash appeared for the petitioner. Government Advocate VJ Priyadarsana appeared for the respondent Police .[Read Order]