Allegations In Disciplinary Proceedings Constitute Cognizable Offence: Madras High Court Orders FIR Against Two Cops
The Madras High Court was considering a Petition filed under Article 226 of the Constitution seeking a direction to the respondent Police Officials to initiate appropriate action in an alleged case of police brutality.
The Madras High Court has ordered the registration of an FIR against 2 police officers in an alleged case of custodial assault and police brutality. The High Court held that the allegations in the charge in disciplinary proceedings constituted cognizable offences.
The High Court was considering a Petition filed under Article 226 of the Constitution seeking a direction to the respondent Police Officials to initiate appropriate legal and criminal action based on the petitioner’s representation regarding the brutal police custodial assault and injuries.
The Single Bench of Justice Sunder Mohan held, “The allegation in the said charge constitutes cognizable offences. Therefore, the respondents are bound to register an FIR against the two police officers, against whom departmental proceedings were initiated and proceed against them in accordance with the law.”
Advocate R.Karunanidhi represented the Petitioner, while Additional Public Prosecutor R.Meenakshi Sundaram represented the Respondents.
Factual Background
The petitioner was arrested by certain police officers in connection with a case. It was alleged that he was taken into custody, and the police officers attacked him. The department had also initiated disciplinary proceedings against two police officers, and the charges against them were that they attacked and caused injury to the petitioner while he was in police custody. It was further stated that since the acts of the two police officers constituted cognizable offences, the respondent police ought to have registered an FIR.
Arguments
It was the case of the respondents that the departmental proceedings would not be binding, and the impugned FIR cannot be registered merely because there was a charge against two police officers that they had beaten the petitioner.
Reasoning
The Bench took note of the fact that the disciplinary proceedings were initiated by the respondents against two police officers, and the charge against them was that they had attacked and caused hurt to the petitioner while in police custody.
Holding that the allegations constituted cognizable offences, the Bench directed the respondents to register the FIR and take action in accordance with the law.
Cause Title: Thavakannan v. The Director General of Police (Case No.: WP CRL.(MD). No.1503 of 2025)