‘Police officers should not entertain or conduct inquiries into disputes which are civil in nature’

The Madurai Bench of the Madras High Court on Wednesday directed that police officers should not entertain or conduct inquiries into disputes that were civil in nature, such as those involving money, property, or contracts.

Justice B. Pugalendhi observed that the Police Standing Order PSO.No.562 specifically prohibited the police from investigating cases civil in nature. Time and again, the Supreme Court and the High Court had issued several directions in this regard affirming that the police could not investigate purely civil disputes, the court observed.

The court observed that it was repeatedly witnessing several applications being filed that police officers were harassing individuals in civil matters. It appeared that police have forgotten their responsibilities and duties and were indulging in ‘kattapanchayat’.

It was regrettable to note that the applications were being entertained and the police, in uniform, were working as asset recovery agents for collecting money in financial transactions. The court disposed of petitions that sought a direction to the police not to harass under the guise of inquiry.

The court observed that the police could not and should not intervene in purely civil disputes, unless the complaint contained prima facie allegations disclosing criminal elements such as cheating, criminal breach of trust, misappropriation, or criminal intimidation, backed by specific factual details. No such ingredients were found in the present matters. Despite this, the police had proceeded to conduct what was described as a ‘current paper enquiry’.

The practice of ‘current paper enquiry’ had no statutory recognition and should be discontinued forthwith. Summons or notices under Sections 94 or 179 of BNSS should be issued only after registration of an FIR, and never during preliminary or petition inquiry. If a complaint prima facie disclosed a cognisable offence, the police should register an FIR immediately and proceed to investigate in accordance with Section 173 of the BNSS. In all other cases, complainants should be advised to approach the appropriate civil court or forum, the court directed.

The Director General of Police should ensure compliance through periodic monitoring. Violation of these directions by any police officer should invite departmental action under relevant service rules, the court directed.