Police actions must comply with constitutional safeguards to protect citizens' fundamental rights; any deviation leads to potential accountability.

ORDER :

1. Heard Mr. Awadh Tripathi, learned counsel for the petitioners as well as Mr. Vivek Sharma, learned Advocate General assisted by Mr. Praveen Das, learned Additional Advocate General, appearing on behalf of the State-respondents.

2. The present petition has been filed by the petitioners with the following relief(s):-

“1) That, the Hon'ble Court may kindly be pleased to allow this petition and direct the respondents to take strict action against the respondent no. 2 to 8 i.e. departmental action, providing compensation to the petitioners and also initiate proceedings against the respondent no. 2 to 8 for non-compliance of the guidelines which has been passed by in the case of D.K. Basu Vs. State of West Bengal, Arnesh Kumar and Satendra Kumar Antile, in the interest of Justice.

2) That, the respondents may also be directed to conduct any further inquiry or investigation procedure with respect to the petitioners under the CCTV Camera and also directed the respondent no. 2 to 8 not to implicate the petitioner in false and frivilous case in the future without preliminary inquiry if any required in future so that further arbitrary and illegal action may be prevented, in the interest of Justice.

3) Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favor of the petitioner.”

3. Brief facts of the case in a nutshell are that on 22.10.2025, petitioner No.1 along with his wife, two daughters and one son had gone to watch a movie at about 10:00 PM at PVR Cinemas, Surya Mall, Junwani, District Durg (C.G.). At the same time, the complainant Smt. Alka Gupta was also present in the said theatre along with her husband and son. While entering the seating area, due to an existing injury in the leg of the wife of petitioner No.1, an inadvertent physical contact took place between her and the complainant, upon which a minor verbal exchange ensued between the two families. The issue was trivial in nature and did not involve any violence. However, the theatre staff intervened and called the police, whereupon personnel of Police Station Smriti Nagar reached the spot.

4. Respondent Nos.02 to 08 were already harbouring malafide and ill-will against the family of the petitioners, as a relative of petitioner No.1, namely Aakash Kumar Sahu, had earlier been subjected to police torture by the same police station. Against such custodial torture and humiliation, the said Aakash Kumar Sahu had filed WPCR No.553/2025, wherein this Hon’ble Court, after noticing the prima facie police excesses, was pleased to issue notice. On account of the aforesaid background, respondent Nos.02 to 08, with a pre-determined and vindictive intent, deliberately chose not to record the version of petitioner No.1 and his family members. Instead, they exerted undue pressure upon the complainant Smt. Alka Gupta and maliciously distorted the trivial incident, giving it an altogether false colour of offences involving outraging the modesty of a woman. Acting under such malafide intent, the police registered Crime No.1273/2025 for offences under Sections 74, 191, 126, 296, 351(3), 115(2), 121, 221 and 132 of the Bharatiya Nyaya Sanhita and further registered FIR No.1274/2025 for offences under Sections 121, 221, 132 and 191 of the Bharatiya Nyaya Sanhita, despite the fact that none of the alleged offences were made out against the petitioners.

5. The allegation of assault upon police personnel at Police Station Smriti Nagar is inherently false and wholly impossible, yet respondent Nos.02 to 08, in gross abuse of their authority, illegal