Chennai: “It has become a fashion for police officers to conduct investigation without registering case and without following prescribed procedure in the guise of conducting preliminary enquiry,” the Madras high court has observed.
On a contempt petition moved by K. Arasu, Justice P.R. Shivakumar said such practices have to be deprecated. Originally, K. Arasu had filed a petition against Periyakaruppan and five others in Neelankarai police station in 2009 for committing offences under sections 147, 384, 294, 406, 506 (i) of IPC and 4 of Protection of Civil Rights Act 1955. Aggrieved by the inaction, he moved the Madras high court.
The court passed an order on August 5, 2009, directing K.N. Murali, assistant commissioner of police, Thuraipakkam, to register a case if he was convinced that the complaint disclosed commission of cognisable offence and to direct G.K.Venkatkumar, inspector of police, Neelankarai police station, to investigate the case. Such an exercise should be completed in a fortnight, the court had said. As there was no response from the police, Arasu filed a contempt petition to punish police officials.
Justice Shivakumar said the ACP and Neelankarai inspector allowed passage of more than four years before complying with the order. “There is lack of education and sensitisation of the police officials and the mindset of the police should be changed,” the judge added.
“Four long years passed without any progress in the investigation in a criminal case…While deprecating the practice of the police officers, the court was inclined to accept the unconditional apology tendered by the police officials for the delay caused in complying with the order due to their misinterpretation and misunderstanding of the order,” the judge added. While accepting the unconditional apology, the judge closed the petition and directed the investigating officer to complete investigation and submit the final report in three months.
