Police harassment – Summoning woman to police station without notice – Matrimonial dispute – Scope of judicial protection – Duty to follow due process – Cooperation with investigation – Liberty to approach Magistrate.

advocatemmmohan

CONSTITUTION OF INDIA – Arts. 14, 19, 21 & 226 – Police harassment – Summoning woman to police station without notice – Matrimonial dispute – Scope of judicial protection – Duty to follow due process – Cooperation with investigation – Liberty to approach Magistrate.

Petitioner/wife alleged that after registration of Crime No.132/2026 under Section 85 BNS against her husband and in-laws arising out of matrimonial dispute, respondent police repeatedly summoned her to police station without issuance of notice and coerced her to withdraw criminal case – Allegation further that police authorities threatened false implication and unlawfully interfered with petitioner’s personal liberty under influence exerted by husband – Writ petition filed seeking protection against repeated oral summons and police harassment.

Held : Personal liberty guaranteed under Articles 14, 19 and 21 of Constitution cannot be interfered with except in accordance with procedure established by law. Police authorities, while conducting investigation, are obligated to strictly adhere to due process and cannot compel attendance of persons through informal or coercive methods inconsistent with statutory safeguards.

State, on instructions, submitted that Crime No.87 of 2026 had been registered at Mangalagiri Town Police Station and petitioner was contacted only for purpose of securing appearance of accused persons during investigation. It was further stated that petitioner failed to cooperate with investigation and did not respond to repeated phone calls made by Head Constable.

Recording said submission, High Court held that petitioner shall cooperate with investigation. Simultaneously, respondent police authorities were directed to scrupulously follow due process of law while securing presence of petitioner and to obtain permission from competent authority wherever required. Liberty was reserved to petitioner to approach jurisdictional Magistrate for appropriate relief.

Exercise of investigative powers must remain within constitutional limitations and police authorities are bound to ensure that manner of securing presence of persons does not transgress safeguards relating to dignity and personal liberty.

(Paras 2 to 5)

HELD

Police authorities cannot interfere with personal liberty of individual except by following procedure established by law and statutory safeguards governing investigation. (Paras 2 and 5)

Where investigation is pending in registered crime, person concerned is under obligation to cooperate with investigating agency. (Paras 4 and 5)

While securing presence of petitioner during investigation, police authorities are duty-bound to scrupulously adhere to due process of law and obtain necessary permission from competent authority wherever required. (Para 5)

Liberty can be granted to aggrieved person to approach jurisdictional Magistrate for appropriate protective relief in accordance with law. (Para 5)

RESULT

Writ Petition disposed of directing petitioner to cooperate with investigation and directing respondent police to follow due process of law while securing petitioner’s presence. Liberty granted to petitioner to approach competent Magistrate for appropriate relief.

 APHC010203032026