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2025 Supreme(SC) 1541

SUPREME COURT OF INDIA
VIKRAM NATH AND SANDEEP MEHTA, JJ.
Head Constable Raj Kumar Etc. – Appellant
Versus
The State Of Punjab And Another – Respondent
SLP (Crl) Nos. 8656-8657 of 2019 with Criminal Appeal No. 2289 of 2025 (Arising From SLP (Criminal) Nos. 6534 of 2025)
Decided on : 29-04-2025

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 341, 201, 148, 149 - Code of Criminal Procedure, 1973 - Section 197 - Police encounter resulting in death - Criminal complaints filed alleging culpable homicide and destruction of evidence against police officials - High Court's dismissal of quashing petitions upheld, except for exoneration of DCP due to lack of sanction - Eyewitness testimony and investigative report support prima facie case. (Paras 1-10, 12-20)

(B) Criminal complaints must provide clear evidence for charges - A preliminary inquiry is necessary to assess the viability of the complaint. (Paras 5, 12)

(C) Sanction under Section 197 CrPC not required when acts are outside the scope of official duty, such as destruction of evidence. (Paras 7, 16)

Facts of the case:
Police officers engaged in an alleged encounter leading to the death of a civilian, and complaints filed for murder and related offenses based upon eyewitness accounts and investigative findings.

Findings of Court:
The evidence supports the charges against the petitioners except for the DCP.

Issues: Whether the evidence suffices to establish charges against each accused and the necessity for sanction under Section 197.

Ratio Decidendi: Charges can be framed without weighing evidence in detail at the preliminary stage, and conduct outside official duties does not warrant sanction under Section 197.

Result: Appeals allowed in part; proceedings against the DCP restored.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The case involves allegations of police conduct during an encounter that resulted in a civilian’s death, with criminal complaints filed against police officials for culpable homicide and evidence destruction (!) (!) .

  2. The initial complaint and subsequent proceedings led to the framing of charges against nine police officers, supported by eyewitness testimonies and investigative reports, which collectively establish a prima facie case (!) (!) .

  3. The court upheld the validity of the complaints and charges at the preliminary stage, emphasizing that the evidence, including CCTV footage and eyewitness accounts, sufficiently supports the allegations to justify summoning and framing charges, without requiring detailed weighing of evidence (!) (!) .

  4. The argument that investigation into the related FIR was still pending and that proceedings should have been stayed was rejected, as the court found that the complaint could proceed in the absence of a police report covering the same offence (!) (!) .

  5. The court clarified that acts outside the scope of official duty, such as destruction of evidence, do not require sanction under Section 197 CrPC, especially when such acts are not connected to official functions or public order duties (!) (!) .

  6. The court rejected the defense that the police officers’ actions were in good faith or based on mistaken identity, stating that these are factual questions to be resolved at trial rather than at the stage of summoning or framing charges (!) .

  7. The court held that acts aimed at erasing evidence, such as removing vehicle registration plates, are not connected to official duties and thus do not attract the protection of Section 197 CrPC, which requires a nexus between the act and official duty (!) .

  8. The court emphasized that whether a public servant’s conduct was within the scope of official duties depends on a reasonable and rational nexus, and acts outside this scope do not benefit from the protections of Section 197 CrPC (!) (!) (!) .

  9. The court found that the CCTV footage and forensic reports did not conclusively establish when or by whom the vehicle plates were removed, leaving such matters to be determined during trial (!) .

  10. The proceedings against the Deputy Commissioner of Police, who was previously exonerated due to lack of sanction, were restored because the evidence and complaint provided a sufficient basis for continuation, and the High Court’s earlier order to quash was set aside (!) (!) .

  11. Overall, the court dismissed the appeals in part, affirming the continuation of proceedings against the police officials except for the Deputy Commissioner, whose proceedings were reinstated, and clarified that this order does not prejudge the evidence or any future plea for discharge (!) (!) .

  12. The procedural aspects regarding the initiation and continuation of criminal proceedings, including the importance of preliminary inquiries and the scope of judicial review at the summoning stage, were reaffirmed (!) (!) (!) .

  13. The court underscored that acts outside official duties, especially those aimed at evidence destruction, do not require prior sanction under Section 197 CrPC, and that the protection under this section is limited to acts related to official functions (!) (!) .

  14. The final order emphasizes that the evidence and proceedings must be evaluated on their merits during trial, and the current decision pertains solely to the appropriateness of continuing the proceedings at this stage (!) .

Please let me know if you need further analysis or specific legal advice based on this case.


Table of Content
1. overview of case circumstances and parties involved. (Para 1 , 2 , 3)
2. arguments regarding the high court's refusal to quash. (Para 4 , 6)
3. evidence review and implications of the alleged acts. (Para 5 , 7 , 8 , 9)
4. conclusion and final orders of the court. (Para 10 , 13 , 20)
5. procedural analysis of the original complainant's case. (Para 12 , 14 , 15)
6. the interplay of official acts and criminal liability. (Para 16 , 17)
7. restoration of proceedings against the deputy commissioner. (Para 18 , 19)

ORDER :

1. These special-leave petitions arise from a common interim order dated 20 May 2019 of the Punjab & Haryana High Court disposing of four connected proceedings, CRM M-12486 of 2018, CRM M-5170 of 2018, CRR 1411 of 2018 and CRM M-44860 of 2018, arising from the same criminal complaint and centred on the death of one Mukhjit Singh @ Mukha in an alleged police encounter at Verka, District Amritsar, on 16 June 2015.

2. Petitioners in SLP (Crl.) Nos. 8656-8657 of 2019 are nine police officials (hereafter 'the accused-petitioners') who sought before the High Court quashing of Criminal Complaint No. 112 dated 23 February 2016 under Sections 302 , 341, 201, 148, 149 and 506 of the INDIAN PENAL CODE , 1860[In short, 'IPC'], setting aside of the summoning order of 17 August 2017 passed by the Judicial Magistrate First Class, Amritsar, and reversal of the charge-framing order of 22 March 2018 made by the Additional Sessions Judge, Amritsar. Their prayers were refused. The petitioner in SLP (Crl.) No. 006534 of 2025 is the original private complainant, Princepal Singh, who challenges the same High Court order in so far as it quashed the proceedings against Deputy Commissioner of Police Parampal Singh (arrayed below as accused No. 10) on the ground of want of sanction under Section 197 of the Code of Criminal Procedure, 1973[In short, 'CrPC'].

3. The factual backdrop is as follows:

3.1. At about 6:30 p.m. on 16.06.2015 a police party, travelling in a Bolero jeep, an Innova and a Verna, intercepted a white Hyundai i-20 near the NRC Rubber Factory on the Verka-Batala Road. According to the complaint, the vehicles boxed in the i-20, nine policemen alighted in plain clothes and, after a brief exhortation, opened fire from pistols and assault rifles at close range, killing the driver, Mukhjit Singh @ Mukha.

3.2. The complainant (then riding a motorcycle nearby) and another witness claim to have seen the shooting and to have raised an alarm that drew local residents to the spot. Shortly thereafter Deputy Commissioner of Police Parampal Singh arrived with additional force, cordoned off the scene and so it is alleged, directed removal of the car's registration plates, an act said to constitute destruction of evidence under Section 201 IPC.

3.3. On the very night of the incident the police registered FIR No. 242 of 2015 under Section 307 IPC and Sections 25 /27 of the ARMS ACT , attributing the firing to retaliatory self-defence against gangster Jaggu Bhagwanpuria. Public protest followed, and on 06.07.2016 a Special Investigation Team headed by an Inspector-General of Police reported that the self-defence version was false, recommended cancellation of FIR 242 and advised prosecution of eight officers for culpable homicide ( Section 304 read with Section 34 IPC).

3.4. Meanwhile, on 23.02.2016 Princepal Singh lodged Criminal Complaint No. 112 before the Judicial Magistrate, arraying nine subordinate officers for murder and allied offences and the DCP for screening the offenders. After recording preliminary evidence, including depositions of the complainant and an eyewitness, the Magistrate on 17.08.2017 summoned accused Nos. 1-9 under Sections 302 , 341, 148 and 149 IPC and accused No. 10 under Section 201 IPC.

3.5. The complaint having been committed to the Court of Session, the Additional Sessions Judge on 22.03.2018 framed charges against accused Nos. 19 under Sections 302 /148/149 IPC. By then proceedings against the DCP stood

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