A plea was filed before the high court to issue direction to the police inspector for not harassing the petition except with the procedure allowed by law. The bench headed by Justice A D Jagadish Chandira, in this case, issued directions for the prevention of harassment by the police
• The police officer in summoning must specify the time and date at which the complaint or the witness appear before them.
• The police must serve the notice consist the CSR number, the date of the complainant filed and the name of the complainant.
• The police cannot harass the person called for interrogation/investigation/enquiry.
• The police must follow the mandatory guidelines passed by the apex court in the Lalita Kumari case for registration of FIR.
• The person injured during the interrogation/investigation/enquiry can register the FIR against the police officer who injured him; such a police officer will not be protected by law for his actions.
These guidelines were passed by the high court in A.Daniel vs The Superintendent of police and another. Daniel filed a plea before the high court under section 482 of CRPC. He complained about the harassment by the police during the enquiry and request the high court to give direction for the prevention of harassment.
The court observed that the term harassment is very wide what may be the harassment for the petitioner may not be for the police officer. Court noted that the police officer has wide powers for investigation of cognizable offence or non-cognizable offence under chapter 12. The police officer cannot extend their legitimate powers to harass persons in disguise of enquiry or investigation.