‘Police summons for inquiry must have exact date and time to avoid torture in the name of investigation.’
CHENNAI: The Madras High Court has directed the police to strictly follow the guidelines by issuing a written summons with a date and time for an appearance on summoning anyone for inquiries or investigation.
“While summoning anyone named in a complaint or a witness, the police should do so through a written summons under Section 160 CrPC specifying a particular date and time for appearing before them for such enquiry/investigation,” said Justice GK Ilanthiraiyan while disposing of the petitions filed by S Prakash and three others of Tirupur.
He also directed the police to record the minutes of the enquiry in the general diary/station diary/daily diary and the police officer shall refrain from harassing persons called upon for enquiry or investigation.
The guidelines stipulated for preliminary enquiry or registration of FIR by the Supreme court in Lalitha Kumari Vs government of Uttar Pradesh and others shall strictly be adhered to, he further directed.
The directions were issued on the petitions alleging police torture in the name of inquiry.
Justice Ilanthiraiyan stated that an enquiry into a non-cognizable offence or a cognizable offence is the unfettered powers of the Investigation Officers so long as the powers to investigate/enquire into these offences are legitimately exercised within the framework of Chapter XII of CrPC.
Though the CrPC empowers the Magistrate to be guardian in all the stages of a police investigation, there is no power envisaging him to interfere with the actual investigation or mode of investigation, he said adding that it is in this background that numerous petitions complaining of harassment are being reported and filed before this Court seeking action.
Even though the court would normally not interfere with the investigation of the police, it would also not turn a blind eye to instances of harassment by the police under the guise of the investigation if brought to its notice, he observed.
