Police officers who torture and cause death in custody are not acting in the discharge of their official duties, and therefore, sanction for prosecution under Section 197, Cr.P.C. is not required.

1. Petitioners-Surjeet Singh (a Sub Inspector of police) and Jagdish Chander (an Inspector of Police) have by means of this petition, approached this Court under Section 482, Cr.P.C. for quashing the order for framing the charge (annexure p-4), the charges framed (annexure P-5), and also and order dated 5-9-1997 (annexure P-6), by which the learned Additional Sessions Judge, Jagadhri dismissed the application filed by the petitioners and others for dismissal of the complaint on the ground that the complainant had not obtained sanction to prosecute the petitioners under Section 197, Cr.P.C.

2. The counsel for the petitioners was heard at the motion stage. The facts which are essential for our present purpose are as follows :-

3. Kuldip Singh (since deceased) was the brother of the complainant-Jit Singh. Jit Singh filed a complaint before the Judicial Magistrate Ist Class, Jagadhri (Criminal Complaint No. 19/2 of 1-3-1989) against (1) Vijender Singh, Sub Inspector, (2) Surjeet Singh, A.S.I. (Ist petitioner herein), (3) Jagdish Singh A.S.I. (second petitioner herein) and (4) Sahab Singh, Head Constable under Sections 302, 343, 511, 120-B and 34, IPC. In his complaint, among other things, Jit Singh stated that Kuldip Singh who was arrested on 8-12-1988, died in the illegal custody of the police. According to him, the said Kuldip Singh, in view of some family dispute, left his village Dera Salampur on 6-12-1988 and the complainant started searching for him. On 15-12-1988, ASI - Kewal Krishan, Incharge of Police Post, Barara, along with certain constables came and called the complainant and also the Sarpanch of the village on the stating that he was summoned by the S.H.O., Police Station, Mullana. The complainant also alleged that he went and met the S.H.O., Police Station, Mulana and from there to the office of the D.S.P., Jagadhri. On his direction, the complainant and others were taken to Civil Hospital, Yamuna Nagar. According to the complainant, he found the dead-body of his brother-Kuldip Singh at the said hospital, but, when he tried to enquire about the cause of death, the police personnel who were present in large number, as a result of the conspiracy, got the signature of the complainant under pressure on some papers, and thereafter took the dead-body forcibly to the village along with 100 police personnel including some officials. According to the complainant, he was not even allowed to talk with anybody or even move out anywhere. It has been further alleged that nobody was allowed to come into or go out of the village, and the dead-body was cremated after sunset in spite of protest.

4. The complainant has further alleged that he made enquiries regarding the cause of death of Kuldip Singh and came to know that the deceased was arrested by the police from Village Mande Bari on 8-12-1988. According to the complainant, the Sarpanch of the said village and other villagers gave in writing that Kuldip Singh was caught by the villagers of the said village and was handed over to the police of Police Station City, Yamuna Nagar headed by S.I. - Vijender Singh. According to the complainant, Kuldip Singh was kept in illegal custody by the police of Police Station City - Yamuna Nagar and was tortured by S.I. - Vijender Singh by applying third degree methods. It has further been alleged that Kuldip Singh was then handed over to the custody of CIA Staff, Jagadhri, who showed the formal arrest of the deceased on 14-12-1988 at 6.30 a.m. in a false case in FIR No. 124 of 1988 of Police Station Sadar - Yamuna Nagar under Sections 457 and 380, IPC. Thereafter the police of CIA Staff, Jagadhri showed the death of deceased - Kuldip Singh in police custody during investigation on 14-12-1988. According to the complainant, the police record was manipulated and false entries were made regarding the arrest as well as the death of the deceased. According to the complainant, as a result of the criminal conspiracy of the accused, the said Kuld