The High Court has declined to quash the proceedings against seven policemen, who allegedly kept an individual under illegal detention after detaining him in a chain-snatching case.
Justice H P Sandesh noted that acts of illegal detention of an innocent person and ill-treatment meted out to him cannot be considered as part of discharge of duties of a policeman. The policemen had allegedly subjected the detainee to cruelty in May 2010. The proceeding is pending before the Additional District and Sessions Court in Chikkaballapur.
The petition was filed by S Shivakumar, a DySP with CID; Munireddy, a police inspector; Balaji Singh, Anand, T Venkatesh and Muniyappa, all police head constables, and the jeep driver Mohan. The petitioners claimed that the case was registered against them based on a private complaint by the victim’s father and there was no prior sanction under Section 197 of CrPC and Section 170 of Karnataka Police Act.
Citing a Supreme Court order, the High Court said that a policeman keeping a person in the-lock-up for more than 24 hours without authority is not merely abusing his duty but his act would be quite outside the contours of his duty or authority.
The allegation was that the policemen picked up one Manu, a resident of Doddaballapur, and released him only after two days. His father filed a private complaint after the police refused to register the FIR against its own staff. The complaint alleged that the policemen had beaten up Manu and due to humiliation he had also reportedly attempted to end his life.
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