Police interference in civil disputes – Personal liberty – Oral enquiry without registration of FIR – Public Grievance Redressal System (PGRS) complaint – Scope of police enquiry – Judicial protection against harassment – Due process of law.

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CONSTITUTION OF INDIA – Art. 226 – Police interference in civil disputes – Personal liberty – Oral enquiry without registration of FIR – Public Grievance Redressal System (PGRS) complaint – Scope of police enquiry – Judicial protection against harassment – Due process of law.

Petitioner alleged that respondent police repeatedly called him to police station from March, 2026 at instance of third respondent in connection with business dispute relating to gold transactions, despite absence of any FIR or formal complaint – Case of petitioner that disputes regarding bullion transactions had already been amicably settled through mediation of Bullion Merchant Association and that third respondent was attempting to exert pressure in purely civil dispute – Writ petition filed seeking direction restraining police from summoning petitioner without valid complaint or lawful basis.

Held : Where dispute between parties essentially arose out of commercial/business transactions and no criminal case or FIR was shown to be pending against petitioner, repeated interference by police authorities without following due process would amount to unwarranted intrusion upon personal liberty.

On instructions, police authorities clarified before Court that petitioner was only sought to be contacted in relation to oral enquiry arising out of Public Grievance Redressal System (PGRS) petition and that petitioner was not presently required in connection with any criminal case. Recording said submission, High Court held that respondent authorities shall not interfere with petitioner’s daily life and personal liberty except in accordance with due process of law.

Exercise of police powers in matters bearing predominantly civil complexion must remain confined within statutory limits and cannot be employed as instrument of coercion in private disputes.

(Paras 2 to 5)

HELD

Where no FIR or criminal proceedings are pending, police authorities cannot unnecessarily interfere with personal liberty of individual except by following procedure established by law. (Paras 4 and 5)

Business and financial disputes of civil nature cannot ordinarily be converted into instruments for repeated police intervention in absence of cognizable offence. (Paras 2 and 5)

Statement of police authorities before Court that petitioner was not required in any case and was contacted only in connection with PGRS enquiry recorded and acted upon by Court while granting protective direction. (Paras 4 and 5)

RESULT

Writ Petition disposed of directing respondent authorities not to interfere with petitioner’s daily life and personal liberty except by following due process of law. Pending miscellaneous applications closed.

APHC010173012026