If Police Brutality Is Not Controlled, Police May Become Like One Of Nazi Germany: Patna High Court Directs FIR Registration Against SHO
The Patna High Court was considering a writ petition preferred by the Petitioner seeking the lodging of an FIR against a Station House Officer.
Justice Jitendra Kumar, Patna High Court
The Patna High Court has directed the registration of an FIR against a Station House Officer over allegations of assault and brutality suffered by a man while observing that if the conduct of such brutality is not controlled, the whole rule of law and constitutional protection of life and liberty of the citizen of the country would go to wind and the national police may become like one of Nazi Germany.
The High Court was considering a writ petition preferred by the Petitioner seeking lodging of FIR against the Station House Officer, pleading that despite the written report given by the Petitioner to the concerned Officer In-Charge of the Police Station, and the Superintendent of Police, as well as the District Magistrate, FIR had not been lodged by the concerned police station.
The Single Bench of Justice Jitendra Kumar said, “Hence, the Station House Officer, Murar Buxar is directed to lodge FIR against Kamal Nayan Pandey, the then Station House Officer, Murar, Buxar.”
“In case, the Petitioner is not satisfied by the investigation of the C.I.D. also, then he would be at liberty to file a further writ petition before this Court seeking appointment of C.B.I. to investigate into the matter, because this matter relates to protection of the fundamental right of the people and brutality committed by the police officer. If such conduct is not controlled and checked, the whole rule of law and constitutional protection of life and liberty of the citizen of the country would go to wind and the national police may become like one of Nazi Germany”, it ordered.
Advocate Malti Kumari represented the Petitioner, while AC to Govt Advocate-2 Akhileshwar Singh represented the State.
Factual Background
As per the allegation, the Petitioner was brutally assaulted by the Station House Officer, Murar, Buxar, breaking both his legs without any rhyme or reason, only on account of the Petitioner belonging to a particular caste. As per the written report submitted by the Petitioner to the concerned police officer, the Petitioner had gone to the stall of his friend for online uploading of title documents in regard to his land. It was alleged that the Station House Officer enquired about him, and when he came to know that he belonged to a particular caste, he started abusing him in filthy language and assaulting him, breaking his legs.
Reasoning
Referring to the X-Ray report of the broken legs of the Petitioner, the Bench noted that the Petitioner suffered at the brutal hands of the accused, who happened to be a police officer.
The defence put forward by the police was that the police had not beaten the Petitioner, and the Petitioner had slipped on account of rainy weather, resulting in the breaking of his legs. “However, the breaking of the legs of the Petitioner, as is visible in the X-Ray Report, does not persuade this Court to accept the explanation given by the police, nor can one believe that a poor man who does not gather courage to lodge FIR even against his co-citizen can dare to lodge false report against a police officer”, it stated.
The Bench was of the view that, as per the allegation, a prima facie case of a cognizable offence was made out against Kamal Nayan Pandey, who was the then Officer in-Charge of Murar Police Station, Buxar, Ara. “Moreover, for prosecution of the accused, who happened to be a police officer, does not require even sanction under Section 197 Cr.PC/ 218 B.N.S.S. because such brutal act on the part of the police officer against a poor man is not a part of his official duty”, the Bench added.
The Bench clarified that referring the Petitioner to the Judicial Magistrate under Section 156(3) Cr.PC/175(3) B.N.S.S. would be further injustice to the Petitioner. “Moreover, as per the allegation, there is clear violation of fundamental right of the Petitioner as granted and guaranteed under Article 21 of the Constitution requiring immediate lodging of FIR, failing which, the people of the Country would lose faith not only in police but even in the Writ Court”, it held.
The Bench directed the Station House Officer to lodge the FIR against Kamal Nayan Pandey, the then Station House Officer, Murar, Buxar. “The Director General of Police, Bihar is directed to take compliance report from the Station House Officer, Murar, Buxar, Ara regarding lodging of the FIR and entrust the investigation to the Crime Investigation Department because this case is lodged against a police officer”, it further ordered.
Cause Title: Manish Kumar v. The State of Bihar (Criminal Writ Jurisdiction Case No.2515 of 2024)