Case Note & Summary
The High Court allowed the criminal application filed by two police officers seeking to quash criminal proceedings and an order issuing process against them under Section 326 read with 34 IPC for alleged police atrocities during custody. The Court found that the cognizance taken by the Magistrate was illegal due to lack of sanction under Section 197 CrPC, as the acts were committed in discharge of official duty. Additionally, medical evidence, including CT Scan reports, did not support allegations of grievous hurt, with no evidence of fracture. Relying on Supreme Court precedent, the Court emphasized that sanction is mandatory for prosecuting public servants for acts connected to official duty. The proceedings and order were quashed, setting aside the lower court decisions.
Headnote
The High Court of Judicature at Bombay, Nagpur Bench, heard a criminal application seeking quashing of Regular Criminal Case No.338/2013 and the order issuing process against the applicants under Section 326 read with 34 of the Indian Penal Code, 1860 (IPC) -- The applicants, a retired police officer and a serving Sub Divisional Police Officer, were accused of causing grievous hurt to the complainant during police custody in connection with Crime No.139/2013 -- The complainant alleged police atrocities leading to injuries, supported by medical reports and an enquiry report -- The learned Magistrate initially issued process under Section 323 IPC, which was revised to Section 326 IPC by the Additional Sessions Judge -- The applicants contended that cognizance was illegal due to absence of sanction under Section 197 CrPC, as the acts were committed in discharge of official duty, and medical evidence did not substantiate grievous injuries -- The Court relied on the Supreme Court decision in G.C. Manjunath vs. Seetaram (2025)5 SCC 390, which clarified that sanction under Section 197 CrPC is required when acts are connected to official duty, even if illegal -- The Court held that the medical reports, including CT Scan, showed no evidence of fracture or grievous hurt, and the cognizance taken without sanction was erroneous -- Consequently, the application was allowed, quashing the criminal proceedings and the order issuing process
Issue of Consideration
The Issue of whether the criminal proceedings against the applicants, who are police officers, should be quashed due to lack of sanction under Section 197 of the Code of Criminal Procedure, 1973 (CrPC) and insufficiency of medical evidence to support allegations of grievous hurt under Section 326 IPC
Final Decision
The Court allowed the criminal application, quashing and setting aside Regular Criminal Case No.338/2013 and the order issuing process against the applicants under Section 326 read with 34 IPC
Law Points
- Sanction under Section 197 of the Code of Criminal Procedure
- 1973 (CrPC) is mandatory for prosecuting public servants for acts done in discharge of official duty
- Protection under Section 197 CrPC applies when alleged act is reasonably connected to official duty and not merely a cloak for objectionable conduct
- Medical evidence must substantiate allegations of grievous hurt under Section 326 IPC
- Cognizance taken without required sanction is illegal and liable to be quashed
