The Allahabad high court dismissed pleas seeking relief for police personnel accused of repeatedly beating people in custody and molesting women, observing that such violence could not be treated as part of police duty and could only be described as a crime.
A bench of Justice Madan Pal Singh noted that the victims were allegedly subjected to repeated beatings in custody after their hands and feet were tied with a rope and they were made to lie face down.
In its September 9 order, the court said such acts could not be termed a part of police duty and observed, “…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”.
The court was hearing two applications filed by police personnel, including a woman constable, challenging the trial court’s September 27, 2024, order rejecting their discharge applications in a case arising from Baberu police station in Banda district.
The applicants had claimed protection under Section 197 CrPC on the ground that the alleged acts were committed in the course of their official duties. The high court, however, found that the trial court had “not committed any error” in rejecting their pleas and dismissed both applications as “devoid of merits”.
{{/usCountry}}The applicants had claimed protection under Section 197 CrPC on the ground that the alleged acts were committed in the course of their official duties. The high court, however, found that the trial court had “not committed any error” in rejecting their pleas and dismissed both applications as “devoid of merits”.
{{/usCountry}}According to the case details, an FIR was registered at Baberu police station in 2022 under sections 147, 323, 504 and 506 of the IPC. During the investigation, four constables were sent to Padari village to serve notices. The police alleged that the accused persons and their family members abused and assaulted the constables.
Following the incident, a police team was sent to the village. Four women were arrested on the night of May 13, 2022, while four men, including the informant, were arrested the following day.
During the police action, the complainant alleged illegal assault, molestation, custodial violence, looting and false implication by police personnel. An FIR was registered against nine named and several unidentified police personnel, including the applicants.
After the trial court rejected their discharge pleas, the police personnel approached the high court.