MADURAI: Observing that the Police Standing Order prohibits the police from conducting any investigation in matters which are civil in nature, the Madurai Bench of the Madras High Court has directed the Director General of Police (DGP) to initiate an inquiry and take action against the police officials concerned if they have acted in favour of one of the parties in a civil dispute in Tirunelveli district.
The direction was passed by Justice B Pugalendhi while hearing a petition filed by M Rajesh Kumar from North Valliyur village seeking a direction to the Tirunelveli police not to interfere in the civil dispute between him and S Palavesamuthu.
In the petition Rajesh Kumar stated that the civil suit is pending between him and Palavesamuthu and the police harassed him under the guise of inquiry.
After hearing the matter, the bench said it is of the view that the then Deputy Inspector General of Police along with the Additional Superintendent of Police had entertained a civil matter and harassed the petitioner.
The counter affidavit filed before the court by the Inspector DCB (District Crime Branch) reveals that those police personnel had acted as an agent for Palavesamuthu by interfering in the civil dispute between him and the petitioner. In the existing code of criminal procedure at the relevant point of time, there was no provision for conducting a petition inquiry, the court noted.
The fact remains that in this case the complaint – dated February 24, 2023 – has been treated as petition inquiry for more than two years, the court said.
“PSO.No.562 of Police Standing Order prohibits the police from conducting any investigation of civil nature or in which the complaint is obviously endeavouring to set the criminal law in motion to support a civil right. The DGP circulars in 2008 and 2024 specifically prohibit the police officer that they should not entertain any inquiry and cause any investigation in cases of civil nature,” the judge observed.