The Allahabad High Court has dismissed pleas seeking relief for police personnel accused of repeatedly beating people in custody and molesting women, observing that such acts cannot be considered part of police duty and amount to a crime.
A bench of Justice Madan Pal Singh said the victims were allegedly subjected to repeated beatings in police 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 violence could not be described as part of official duty, but only as a “heinous crime”. It also rejected any argument that the police personnel had merely exceeded their limits while carrying out an investigation.
The court further held that police personnel accused of such conduct could not claim protection under Section 197 of the Code of Criminal Procedure (CrPC), which requires prior sanction for prosecution of public servants for acts done in the discharge of official duties.
The court was hearing two applications filed by police personnel, including women personnel, challenging a trial court’s September 27, 2024, order rejecting their discharge pleas in a case arising from Baberu police station in Banda district.
The applicants had sought protection under Section 197 of the CrPC, arguing 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 discharge pleas and dismissed both applications as “devoid of merits”.
According to the case details, an FIR was registered in 2022 under Sections 147 (rioting), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
During the investigation, four constables were sent to Padari village to serve notices. The accused and their family members allegedly abused and assaulted the constables, following which 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. An FIR was subsequently registered against nine named and several unidentified police personnel, including the applicants.
The police personnel then approached the trial court seeking discharge, but their pleas were rejected. They subsequently moved the Allahabad High Court, which has now dismissed their applications.
– Ends
Published By:
India Today Web Desk
Published On:
Sep 11, 2026 23:37 IST
