The Madras High Court in the case Rajini v The Superintendent of Police and others observed and has stated that though the courts normally do not interfere with the investigation carried out by police officers, the same would not turn blind eye to instances of harassment by police under the guise of investigation.
The bench headed by Justice Sathi Kumar Sukumara Kurup in the case observed while hearing the plea moved by one Rajini, wherein it is contended that the police were harassing her under the guise of an enquiry or investigation. On the other hand, it has been submitted by the Police Authorities that the notice issued as stated under section 41A of Code of Criminal Procedure was issued to the petitioner based on a complaint and pending enquiry.
It has also been noted by the said court that though the Magistrate being the guardian of all stages of police investigation, the Magistrate does not have the power to interfere in the actual investigation.
Adding to it, the court stated that the same leads to numerous cases of police harassment.
The court in the case observed and has stated that though the Code of Criminal Procedure empowers the Magistrate to be a guardian in all the stages of the police investigation, there being no power envisaging him to interfere with the actual investigation or the mode of investigation. Therefore, it being in the 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.
Further, the court in the case observed that the power to investigate into the said offences being an unfettered one as long as it is legitimately exercised within the frame work of Code of Criminal Procedure.
It has also been directed by the said court that minutes of the enquiry should be recorded in the general diary/station diary/ daily diary of the police station and it has also been added by the said court 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 also stated that the police shall not call the petitioner at odd hours.
The counsel, Mr.M.Subash appeared for the appellant.
The counsel, Mr.V.J. Priyadarsana Government Advocate represented the Respondent.