Failure To Check Police Brutality Could Make It 'Like Nazi Germany': Patna HC Orders FIR Against SHO For Alleged Custodial Torture
The Patna High Court has directed registration of an FIR against a Station House Officer accused of brutally assaulting a man and allegedly breaking both his legs, holding that referring the victim to the Magistrate under Section 156(3) CrPC at this stage would amount to “further injustice” and warning that unchecked police brutality could make the national police “like one of Nazi Germany.”
A Single Judge Bench of Justice Jitendra Kumar was hearing a criminal writ petition seeking registration of an FIR against the then Station House Officer, Murar Police Station, Buxar.
The petitioner alleged that despite submitting written complaints to the Officer-in-Charge, the Superintendent of Police and the District Magistrate, no FIR had been registered. According to the petitioner, he had gone to a friend's stall in village Chaugaya on 04.07.2024 for online uploading of title documents relating to his land. At around 2 PM, a police vehicle arrived and the then SHO, Kamal Nayan Pandey, allegedly called him, enquired about his identity and, upon learning that he belonged to a particular caste, began abusing and assaulting him with a danda, resulting in fractures in both his legs.
The petitioner relied upon X-ray reports showing fractures in both legs. The Court noted that the State, in its counter affidavit, did not dispute the fact that the petitioner had suffered fractures. However, the police explanation was that the petitioner had slipped due to rainy weather and had not been assaulted.
Rejecting this explanation, the Court observed:
“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.”
The Court held that the allegations disclosed commission of serious cognizable offences by the accused police officer. The Bench observed:
“The Court, at this Stage, is required not to look into the veracity of the allegation but to see to it that as per the allegation, prima facie cognizable offence is made out, warranting registration of FIR against the accused.”
The Court further held that prosecution of the accused officer would not require prior sanction under Section 197 CrPC or Section 218 BNSS. According to the Court,“Such brutal act on the part of the police officer against a poor man is not a part of his official duty.”
Expressing concern over the inaction of the authorities, the Court observed that despite complaints made to senior officers, including the Superintendent of Police and the District Magistrate, no action had been taken. The Bench stated:
“Howsoever high one may be, the law is above all. There is also equality before law and equal protection of law of everybody, howsoever poor he may be.”
Significantly, the Court refused to relegate the petitioner to the alternate remedy under Section 156(3) CrPC. The Court observed:
“At this stage, 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.”
The Court held that the allegations disclosed a clear violation of the petitioner's fundamental rights under Article 21 of the Constitution and observed that failure to order registration of an FIR would erode public confidence in both the police and the constitutional courts.
Accordingly, the Court directed the SHO, Murar Police Station, to register an FIR against Kamal Nayan Pandey, the then Officer-in-Charge. The Director General of Police, Bihar was directed to ensure compliance and entrust the investigation to the Crime Investigation Department (CID), noting that the allegations were against a police officer.
In a strongly worded concluding observation, the Court remarked:
“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.”
The Court also directed the DGP to submit a compliance report before the Registrar General of the High Court within thirty days.
Case Title: Manish Kumar v. State of Bihar and Ors.
Case Number: Criminal Writ Jurisdiction Case No. 2515 of 2024
Appearance: Mr. Malti Kumari for the Petitioner. Mr. Akhileshwar Singh for the State.