Section 41 A Cr.P.C | Madras High Court issues guidelines for State Police

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Section 41 A Cr.P.C | Madras High Court issues guidelines for State Police

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June 3, 2023
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Section 41 A Cr.P.C | Madras High Court issues guidelines for State Police

The Madras High Court recently issued certain guidelines for Police to comply with while issuing any notice or summoning any accused/witness U/s 41A & 160 CrP.C.

BRIEF FACTS OF THE CASE

Petitioner has filed the Criminal Original Petition under Section 482 Cr.P.C. in connection to Crime no. 245 of 2021 praying to direct the Police to not to harass the petitioner except according to due process of law

CONTENTION OF PETITIONER

The learned counsel for petitioner pleaded that respondent police harassed the petitioner under the guise of enquiry.

CONTENTION OF THE STATE

The learned Government Advocate appearing for the respondent police submitted that notice under Section 41 A of Cr.P.C. is issued and Police is complying the due process of law and not harassing the petitioner.

HON’BLE COURT OBSERVATIONS

The Hon’ble Mr. Justice Sathi Kumar Sukumara Kurup observed that :-

“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………… 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 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.”

The Hon’ble court further issued following guidelines to the State Police to comply in such situation :-

“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 160 Cr.P.C., in case of witnesses and Section 41-A Cr.P.C., in case of complaints against any person (accused) specifying a particular date and time for appearing before him 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 Petitioner shall co-operate with the pending investigation with the Respondent police.
e) The Respondent is directed not to summon the Petitioner at odd hours.
f) The guidelines stipulated for preliminary enquiry or registration nof 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.”

Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar (CRIMINAL APPEAL NO. 1277 OF 2014) has held that Section 41-A should be complied in letter and spirit and gave certain guidelines for State Police while issuing notice or before arresting the person.

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