Bibek Chaudhuri, J. – “The Courts must not lose sight of the fact that death in police custody is perhaps one of the worst kind of crimes in a civilised society, governed by the rule of law and poses a serious threat to an orderly civilised society. Torture in custody flouts the basic rights of the citizens recognised by the Indian Constitution and is an affront to human dignity. Police excesses and the maltreatment of detainees/undertrial prisoners or suspects tarnishes the image of any civilised nation and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.”, observes the Hon’ble Supreme Court in State of M.P. vs. Shyamsunder Trivedi & Ors. reported in (1995) 4 SCC 262.

2. The instant writ petition has been filed by one Dinesh Kumar Singh, father of one Yogesh Kumar Singh @ Techchu Singh alleging custodial violence perpetrated upon his son, above-named for the following reliefs: –

“(a) To direct the respondents authorities to take action against the respondent Nos. 6 to 8 who have illegally arrested the son of the petitioner namely Yogesh Kumar Singh @ Tachu and beaten badly by lathi, Kicked and punched and gave serious injury to him.

(b) To take action against the respondents who arrested Yogesh Kuamr Singh @ Tachu on 04.07.2017 and produced before the chief judicial Magistrate on 08.07.2017 i.e. after 4 days (96 Hours) which is contrary to the provision of Sec. 56, 57 of the Cr. P.C. 1973.

(c) To take action against the respondents who have arrested the son of the petitioner without following the provision of section 50 of Cr. P.C. 1973 since the he has not fulfilled their illegal demand.

(d) To direct the respondents for any other appropriate writ/writs, order/ orders, direction / directions, relief/ reliefs for which the petitioner found entitle so.”

3. Undisputed facts leading to the filing of the instant writ petition are as follows: –

On 4th of July, 2017 at about 02:30 P.M., the son of the petitioner was picked up from the Court premises at Siwan by police in connection with Siwan Muffasil P.S. Case No. 185 of 2017 under Section 326, 307 and 34 of the IPC and 27 of the Arms Act. It is also matter of record duly admitted by the Respondent Nos. 5 and 7 in their counter affidavits that the son of the petitioner was arrested by the police from Court premises at Siwan on the basis of some confessional statement made by the co-accused persons in connection with Siwan Muffasil P.S. Case No. 185 of 2017. It is pertinent to mention here that the Investigating Officer and other Police Officers, who were involved in arresting the said Yogesh Kumar Singh @ Techchu Singh from Siwan Court premises probably did not know that statement of an accused implicating another in the commission of offence is not admissible in evidence and this cannot be treated as basis of arrest of a person without having any concurrent material against him.

4. Be that as it may, after arrest, it is revealed from G.D. Entry No. 111 dated 4th of September, 2017, that he was taken to the Muffasil Police Station, Siwan and kept in police custody. According to the Respondent No. 7, who was Officerin- Charge of Muffasil Police Station, Siwan, the said arrested person complained of breathing problem in the police lock up and he was immediately taken to the local hospital. He was produced before the Sadar Hospital, Siwan for his treatment. The Medical Officer examined him at about 05:00 P.M. and found the following injuries: –

“1. Pain and Swelling case left thigh (SIC)

2. Bruise 1” x ½” on left scapular region

3. Pain in chest.

4. Bruise 4” x 1” inch on left lethose region (SIC)

5. Bruise 10” x 5” on left thigh

6. Burise 4” x 4” on left leg

7. Bruise 8” x 5” on right thigh

8. Pain and (SIC) both lower limbs”

5. The Medical Officer opined that the nature of the injuries was simple and caused by hard and blunt substance.

6. It is not the case of either of the parties that after his arrest, the accused was und