Custody Violence Can't Be Termed Part Of Police Duty: Allahabad High Court Denies Relief To Police Officials In Custodial Assault Case

The High Court was considering two applications filed under Section 482 of the CrPC and Section 528 of the BNSS challenging the order whereby the Trial Court rejected the discharge applications filed by the applicants booked under Sections 147, 148, 323, 504, 452, 354 and 395 of the Indian Penal Code (IPC).

The Single Bench of Justice Madan Pal Singh held, "Perusal of the aforesaid injuries sustained by the above mentioned injured including the informant reveals that the above injured were subjected to repeated beatings while in police custody at the station by the Police personnel including the applicants, after their hands and feet have been tied by a rope and laid face down, with blows struck specifically on the buttocks, thighs, and calves. Such violence committed by the applicants cannot be termed a part of police duty, it can only be described as a heinous crime nor can it be argued that the police merely overstepped their limits slightly in the course of an investigation. In the opinion of the Court, such police personnel like the applicants are not entitled to any protection as provided under Section 197 Cr.P.C."

“It is admitted position that the charge-sheet has been submitted against the applicants under Sections 147, 148, 323, 504, 452, 354 and 395 I.P.C. to which cognizance has been taken and the applicants have been summoned by the trial court. One of the charging sections levelled against the applicants is Section 354 I.P.C. As such, in view of Explanation to Section 197 (1) Cr.P.C. no sanction is required in the case of the applicants, who is a public servant accused", it added.

Advocate Aditya Prakash Singh represented the Applicant while Government Advocate represented the Opposite Party.

Factual Background

An FIR was registered under Sections 147, 323, 504 and 506 of the IPC on the complaint of Himachal Prasad against Keshav Prasad Yadav (informant), his sons Dhanesh and Yogendra, and co-accused persons. During investigation, the injured Narayan was found to have sustained a skull fracture. Consequently, Section 308 IPC was added to the FIR. The Sub Inspector issued notices under Section 41A of the CrPC to secure the cooperation of the accused in the investigation. At Village Padari, the accused persons and their family members allegedly abused and assaulted the police constables, snatched the notices, threw brickbats, and allegedly snatched the mobile phone of Constable Sukhbir Singh.

The injured constables took shelter in the house of the Village Pradhan. On the written complaint of Constable Sukhbir Singh, an FIR was registered under Sections 147, 148, 149, 352, 332, 353, 394, 34 of the IPC read with Section 7 of the Criminal Law Amendment Act against 14 accused persons, including the informant, his sons and female family members. The informant later submitted a complaint alleging illegal assault, molestation, custodial violence, looting and false implication by police personnel, including the accused applicants.

The informant moved an application under Section 156(3) CrPC, making further allegations against the police personnel, including allegations of custodial assault and use of petrol. Pursuant to the order on the Section 156(3) application, an FIR was registered against nine named and several unknown police personnel, including the accused applicants. The discharge application filed by the applicants was dismissed on the ground that the alleged offences could not be treated as acts committed in discharge of official duty and therefore Section 197 CrPC did not bar the prosecution. Aggrieved by the said order, the accused-applicants approached the High Court seeking quashing of the order and discharge from the criminal proceedings on the ground that continuation of prosecution without requisite sanction under Section 197 CrPC would amount to abuse of the process of law.

Reasoning

On a perusal of the records of the case as well as the injuries sustained by the injured, including the informant, the Bench noted that the injured were subjected to repeated beatings while in police custody at the station by the Police personnel, including the applicants, after their hands and feet were tied by a rope. It was further opined that they were laid face down, with blows struck specifically on the buttocks, thighs, and calves.

As per the Bench, the mala fide intention of the applicants to commit such crime with the injured in the garb of discharging their police duties was also clear from the General Diary Entry prepared by the applicants, wherein it was mentioned that upon falling to the ground during the arrest, the accused Keshav Prasad Yadav sustained a bleeding injury on the right side of his waist, while the accused Dhanesh, Devprasad, and Sunil sustained blunt-force injuries. “It seems absolutely ridiculous; at the time of arrest, if all four fall and get injured, they will start bleeding”, it added.

Taking note of the fact that after the passing of the order by the Trial Court whereby the Court had taken cognisance and summoned the applicants, they had neither appeared before the Trial Court, nor had they obtained any order of bail, the Bench stated, “Under such circumstances, this Court is of the considered opinion that the discharge application filed by the applicants before the trial court praying for protection as provided under Section 197 Cr.P.C. is not maintainable and such persons like the applicants, who have flouted the process of law deliberately, are not entitled to any relief from this Court in exercise of powers under Section 482 Cr.P.C./528 B.N.S.S.”

Thus, holding that the Trial Court had not committed any error in rejecting the discharge application filed by the applicants under the order impugned, the Bench dismissed the applications.

Cause Title: Lady Constable Shivani Joshi v. State of U.P. (Neutral Citation:2026:AHC:189809)

Appearance

Applicant: Advocates Aditya Prakash Singh, Amit Kumar Dixit, Sushil Shukla

Opposite Party: Government Advocate, Advocate Rajesh Kumar Singh

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