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IN THE HIGH COURT OF ALLAHABAD
S. I. Jafri
SADIQ HUSSAIN RIZVI - Appellant
Versus
SRI SANTOSH KUMAR TRIVEDI - Respondents
Criminal Misc. Case 107 Of 1986
Decided On : 04/23/1987
BAIL - SECTION 304 IPC - CANCELLATION OF BAIL - JURISDICTION OF MAGISTRATE - OFFENCE EXCLUSIVELY TRIABLE BY COURT OF SESSIONS - MAGISTRATE SHOULD NOT GRANT BAIL - JUDICIAL PRINCIPLES - MEDICAL CERTIFICATE - DOUBTFUL - COLLUSIVE GRANT OF BAIL - JUDICIAL MAGISTRATE SHOULD UPHOLD HIGH TRADITIONS OF INDEPENDENT JUDICIARY.
Fact of the Case:
The deceased, Abid Hussain Rizvi, was arrested by Sub-Inspector Santosh Kumar Trivedi on 11th May 1985. He was allegedly tortured and beaten by the police, resulting in his death on 14th May 1985. The case was initially registered under section 323 IPC, but later converted to section 304 IPC after the death of the deceased. The accused, Santosh Kumar Trivedi, filed a bail application before the Chief Judicial Magistrate (CJM), Lakhimpur Kheri, which was granted on 18th December 1985.
Finding of the Court:
The court held that the order of the CJM granting bail to Santosh Kumar Trivedi was beyond his jurisdiction, as the offence under section 304 IPC is exclusively triable by the Court of Sessions. The court also found that the Magistrate had not considered the nature and gravity of the offence, and had granted bail to the accused in utter disregard of judicial principles.
Issues: 1. Whether the Magistrate had the jurisdiction to grant bail to the accused, Santosh Kumar Trivedi, in a case exclusively triable by the Court of Sessions? 2. Whether the Magistrate had considered the nature and gravity of the offence before granting bail to the accused?
Ratio Decidendi: 1. The court held that the Magistrate did not have the jurisdiction to grant bail to the accused, as the offence under section 304 IPC is exclusively triable by the Court of Sessions. The court relied on its previous rulings, which emphasized that Magistrates should not grant bail to the accused when the case is triable exclusively by the Court of Sessions. 2. The court also held that the Magistrate had not considered the nature and gravity of the offence before granting bail to the accused. The court noted that the injuries on the person of the deceased were extensive and severe, and that the offence may come within the ambit of section 302 IPC.
Final Decision: The court set aside the order of the CJM granting bail to Santosh Kumar Trivedi, and directed the CJM to issue non-bailable warrants for the arrest of the accused. The court also directed the Sessions Judge to dispose of any bail application filed by the accused on merits, without being prejudiced by the order of the CJM.
( 1 ) THIS is a glaring example of the atrocities committed on Abid Hussain Rizvi by Santosh Kumar Trivedi, Sub-Inspector of Police Station Kotwali. Lakhimpur Kheri. The conduct of the aforesaid Police Sub-Inspector is shocking to the Judicial conscience on account of the torture and third degree methods alleged to be employed by the aforesaid Sub-Inspector. The deceased Abid Hussain had succumbed to the Anti-mortem injuries at Medical College Lucknow. The post mortem report disclosed extensive external injuries all over his body including vital parts, namely spinal and liver regions, anus and bladder, severe congestion of brain and membrances laceration of liver, inflammation of peritoneum, contused condition of bladder with red colour urine dribling out from urethra, presence of about 2 litres of blood in peritoneal cavity, and beeding from nostrils and mount. All these injuries clearly indicated that the deceased was mercilessly thrashed and inhumane treatment was given to him with the intention of causing death of the deceased. The abrasion found around the anus of the deceased Abid indicates that some hard object like rod was tried to be inserted into the anus of the deceased.
( 2 ) IT is alleged by the complainant Sadiq Hussain Rizvi that his son Abid Hussain Rizvi who was aged about 30 years, was arrested by Sub Inspector Santosh Kumar Trivedi on 11th May. 1985 from near his house whereupon, he sent a telegram to the police concerned the same day. It was further alleged that next morning, he found his son Abid Hussain Rizvi in an unconscious state in the District Hospital, Lakhimpur Kheri at 7. 40 a. m. and there were numerous visible injuries on his person. Sadiq Hussain Rizvi then, lodged a report on 12. 5. 85 at the Police Station Kotwali, alleging that his son was arrested by the Sub Inspector Santosh Kumar Trivedi while he was passing through his Mohalla Sakata Devi. It was mentioned by him that Santosh Kumar Trivedi Sub Inspector took his son to Sakata Devi Police out post all the way beating him and he was further beaten there mercilessly and thereafter he was kept inside the Police Station Kotwali through-out the night where he was again given beating by the police. It was also alleged in the report that the policemen had got admitted Abid in the District Hospital Lakhimpur Kheri in an unconscious and critical state where he had been struggling between life and death.
( 3 ) ON the aforesaid report of the complainant, a case under section 323 Indian Penal Code was registered against Santosh Kumar Trivedi Sub Inspector of Police at P. S. Kotwali at crime No. 205 of 1985. However no action was taken against Santosh, Kumar Trivedi.
( 4 ) AS the condition of Abid Hussain Rizvi was critical and was gradually sinking, he was shifted to Lucknow Medical College from District Hospital Lakhimpur Kheri where he succumbed to his injuries on 14th May 1985. On the death of the deceased, post mortem examination was conducted by the Medical Officer in the Hospital. It may, however, be noted that Abid deceased was admitted in the District Hospital Lakhimpur Kheri in an unconscious state and he remained in unconscious state till his death at the Medical College Lucknow, On the death of Abid Hussain Rizvi, the aforesaid case under 5. 323 Indian Penal Code was converted to one under section 304 Indian Penal Code on 19. 5. 1985 at P. S. Kotwali Lakhimpur Kheri. Even after the conversion of the case under section 304 Indian Penal Code, Santosh Kumar Trivedi was not arrested by the local Police.
( 5 ) THE accused Santosh Kumar Trivedi on the other hand lodged a report at 8. 30 p. m. on 11. 5. 1985 at the Police Station Kotwali alleging that he had arrested Abid at about 7. 30 p. m. the same day on getting the information that the accused Abid was standing at the Station Gate with an unlicenced arm. He sighted the accused with a bag in high end and on seeing the Police party the accused tried to escape but he was chased,
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