GUWAHATI: The Allahabad High Court has ruled that wearing a police uniform does not give personnel the authority to assault citizens, while refusing relief to four Uttar Pradesh police officials accused of abusing and unlawfully confining a doctor and his companions.
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The ruling was recently delivered by Justice Raj Beer Singh, as the court dismissed a petition seeking quashing of criminal proceedings against the accused officials, according to a LiveLaw report.
The case pertains to an incident that occurred on June 28, 2022, when a doctor and his companions were allegedly intercepted, abused, and assaulted by Special Operations Group (SOG) personnel in Kannauj district after the doctor’s car brushed against the officials’ vehicle. The complainant further alleged that the police personnel damaged his mobile phone, snatched his gold chain and cash, and took them to a police post where they were held for nearly 90 minutes.
In response, the police officials challenged the criminal proceedings initiated against them, including a summoning order issued in January 2024. They claimed that the complainant had driven rashly and caused the accident. They also contended that they were on patrolling duty and had merely warned the complainant, who allegedly filed a false complaint in retaliation. Citing Section 197 of the Code of Criminal Procedure (CrPC), the police officers argued that prior sanction was required for their prosecution as public servants.
The court, however, observed that acts falling outside the scope of official duties do not attract the protection offered by Section 197 CrPC. It held that a public servant can only seek such protection if the alleged act is reasonably connected to their official duties.
The bench further noted that there was no evidence of the accused being on official duty at the site, nor was there any reasonable nexus between their actions and their professional responsibilities. The court found the allegations of assault and robbery to be supported by witness statements and medical reports.
In light of these findings, the court held that no prior sanction was required for prosecution and dismissed the police officials’ plea.
