Case Note & Summary
The case arose from an appeal against an order of the Allahabad High Court dismissing a writ petition filed by the appellants, who were students at Santosh Medical College. They alleged police brutality when attempting to serve a court summons on 28.05.2009. The appellants claimed they were assaulted by police personnel, leading to injuries, and their complaints were not properly addressed. The Supreme Court, upon reviewing the case, directed an inquiry into the incident, which concluded that the appellants were indeed subjected to brutality by police officials. The court ordered disciplinary proceedings against the involved personnel and allowed the appellants to file a criminal complaint based on the inquiry findings. The High Court's dismissal of the writ petition was set aside, and the appeal was allowed. The court also addressed a contempt petition related to intimidation faced by the applicant, ultimately restricting the contemnors from entering specific premises related to the applicant.
Headnote
A) Criminal Procedure - Police Misconduct - Disciplinary Action - Criminal Procedure Code, 1973, Section 200 - The court directed disciplinary proceedings against police personnel for misconduct during the assault on the appellants while serving dasti summons. The inquiry report established serious misconduct by police officials, warranting action under relevant rules and Article 311(2) of the Constitution. Held that the report should be treated as preliminary for initiating disciplinary action (Paras 8-9).
Issue of Consideration
Whether the police personnel committed misconduct during the incident involving the appellants on 28.05.2009.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed disciplinary proceedings against the police personnel involved in the incident. The court also permitted the appellants to file a criminal complaint based on the inquiry report findings.
Law Points
- Contempt of Court
- Police Misconduct
- Disciplinary Proceedings
- Criminal Procedure Code
- 1973
- Article 32
- Article 136
- Article 311
