FIR. guidelines JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12108 of 2025

by Sekar Reporter · May 4, 2025

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MR. JUSTICE G.K.ILANTHIRAIYAN

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.12108 of 2025

M.Raji

1.The Commissioner of Police,

Avadi Police Commissionarate,

Chennai 600 054

2.Deputy Commissioner of Police,

Central Crime Branch,

Avadi Police Commissionerate,

Chennai 600 054

3.Assistant Commissioner of Police,

Central Crime Branch,

Avadi Police Commissionerate,

Chennai 600 054

4.Inspector of Police,

Land Dispute Team No.3,

Central Crime Branch,

Avadi Police Commissionerate,

Chennai 600 054

R.Rathna Kumar
R.Vasanthi
R.Indira
V.Amutha
P.Shanmugam
P.Durai
P.Murugesan
B.Srinivasan

….

Petitioner

13.P.Selvaraj

….

Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Inspector of Police, Central Crime Branch(4^th respondent) Avadi, the fourth respondent not to harass the petitioner and his family members involving civil matter on the complaint given by the third respondent.

For Petitioner : Mr.M.T.Arunan

For Respondents

For R1 to 4 : Mr.A.Gopinath,

Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking direction to the Inspector of Police, Central Crime Branch(4^th respondent) Avadi, the fourth respondent not to harass the petitioner and his family members involving civil matter on the complaint given by the third respondent.

The learned counsel appearing for the petitioner submits that the respondents police harassed the petitioner under the guise of enquiry.
The learned Government Advocate (Crl. Side) appearing for the respondents police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending on the file of the fourth respondent police.
Heard the learned counsel appearing on either side and perused the materials placed on record.
It is the grievance of the petitioner that the respondents police have been harassing him under the guise of an

enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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/enquiry into these offences are legitimately exercised within the frame work of Chapter XIII of the Bharatiya

Nagarik Suraksha Sanhita, 2023. Though the Sanhita 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.

This Court, exercising its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 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.
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.
In order to circumvent such situations, the following

guidelines are issued:

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 179 of the Bharatiya Nagarik Suraksha Sanhita, specifying a particular date and time for appearing before them for such an enquiry/investigation.

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

c)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation.

d)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.

With the above observations and direction, the Criminal

Original Petition stands disposed of.

23.04.2025

Index : Yes/No

Neutral citation : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok

1.The Commissioner of Police,

Avadi Police Commissionarate,

Chennai 600 054

2.Deputy Commissioner of Police, Central Crime Branch,

Avadi Police Commissionerate,

Chennai 600 054

3.Assistant Commissioner of Police, Central Crime Branch,

Avadi Police Commissionerate,

Chennai 600 054

4.Inspector of Police,

Land Dispute Team No.3,

Central Crime Branch,

Avadi Police Commissionerate,

Chennai 600 054 5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12108 of 2025

23.04.2025

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