Madras High Court lays down guidelines for interrogation

Justice MS Ramesh, while allowing a criminal original petition by AN Lalman Lal and four others, including three women, that the police have been harassing them, under the guise of inquiry, said, “This court, exercising its powers under section 482 of the CrPC, 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 police under the guise of investigation are brought to its notice.” Noting that 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, Justice Ramesh offered a set of guidelines to circumvent such situations. He said while summoning any persons named in the complaint or any witness to the incident complained of, the police officer shall summon such persons through a written summons under Section 160 of the CrPC, specifying a particular date and time for appearing before them.

The other guidelines offered included recording the minutes of the entire inquiry in the general diary/station diary, the police officer shall refrain from harassing persons called upon for inquiry and that the police shall strictly adhere to the regulations stipulated for preliminary inquiry or registration of FIR by the SC in Lalita Kumar Vs UP government.