In Crl.O.P.(MD) No.11227 of 2022- MAD HC- Madras HC directs Police to follow Top Court’s directions in Arnesh Kumar’s case with regard to handling complaint, says power to investigate into cognizable offence must be exercised in compliance with Chapter XII of CrPC Justice V.Sivagnanam [29-06-2022]

Read Order: R.Ponnalazhu v. The Superintendent of Police And Ors 

Tulip Kanth

Chennai, July 1, 2022: In a criminal original petition filed by the petitioner seeking a direction to be given to the respondent police to not harass the petitioner, the Madras High Court has directed the police to follow the directions given by the Apex Court in Arneshkumar vs. State of Bihar and another with regard to handling the complaint and guidelines stated in the case of D.K.Basu vs. State of West Bengal as well as the Consolidated Instructions dated January 25,2021 issued by the Director General of Police, Chennai.

The Bench of Justice V.Sivagnanam was approached by the petitioner with the submission that the respondent police had been harassing the petitioner based on a false complaint given by the third respondent. The action of the respondent police was alleged to be  in violation of the Articles 19 and 21 of the Constitution of India and on this ground the present petition was filed.

Expounding the law relating to section 482 CrPC, the Bench opined that the inherent power under this section envisages three circumstances under which inherent jurisdiction may be exercised such as to give effect to an order under the Code, to prevent abuse of the process of the Court and to otherwise secure ends of justice.

Noting the fact that the third respondent gave a complaint against the petitioner alleging some offences but according to the petitioner, the dispute between him and the private respondents was civil in nature, the Bench held that the respondent police on investigation of the complaint, if found that the parties are essentially seeking redressal of their civil claim, the police may follow the procedure as contemplated under Section 157(1)(b) of Cr.P.C.

Reiterating the principles culled out in the judgments of the Apex Court in Lalithakumari vs. State of U.P  with regard to registration of F.I.R. and also in Arnesh Kumar’s case (Supra), the Bench passed the forestated directions to be followed by the Police and also held  that if those legal principles were not followed, then it would be inevitable to meet the consequences of violation of law.