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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
RAJESH KUMAR GUPTA, J.
Smt. Mamta Gurjar – Petitioner
Versus
Pooja Kushwah And Others – Respondents
MISC. Criminal Case No. 26331 of 2025
Decided On : 05-12-2025
(1) Nagarik Suraksha Sanhita, 2023 -- S. 218 -- Criminal P.C. 1973 -- S. 197 -- sanction for prosecution not obtained -- cognizance taken and case fixed for evidence -- accused filed application u/s. 197 of CrPC -- JMFC dismissed application on reasoning that JMFC does not have any jurisdiction to recall its own order -- same reasoning given by Sessions Court -- both Courts below have not committed any error in passing impugned orders. AIR 2004 SC 4674 followed. [Para 10]
(2) Nagarik Suraksha Sanhita, 2023 -- S. 218 -- Criminal P.C. 1973 -- S. 197 -- sanction for prosecution not obtained -- police officials accused of custodial assault -- altercation took place between applicant/accused and complainant and her brother, over which alleged assault was committed by applicant and other police officials -- complainant and her brother were not any accused or offender of any offence which had been registered prior to instant incident -- alleged assault by police officials was not the requirement/demand of the moment -- act of applicant does not fall under discharge of official duties -- allegations of custodial beating and “marpeet” against complainant cannot, even prima facie, be said to form part of applicant’s official duties -- such acts are wholly illegal -- S. 197 of CrPC offers no protection. (2000) 8 SCC 131, (1993) 3 SCC 339, (1997) 1 SCC 416, (2016) 12 SCC 87 and 2023 (2) JLJ 333 = 2023 SCC Online SC 436 followed. [Paras 12 to 14 & 21]
(3) Nagarik Suraksha Sanhita, 2023 -- S. 218 -- Criminal P.C. 1973 -- S. 197 -- sanction for prosecution -- protection not absolute -- central test is whether impugned act bears reasonable connection with discharge of official duties -- whether one can reasonably postulate that act was done by virtue of office, even if in excess of authority. [Para 14]
(4) Nagarik Suraksha Sanhita, 2023 -- S. 218 -- Criminal P.C. 1973 -- S. 197 -- sanction for prosecution -- police officials accused of custodial assault -- if act is wholly unrelated to official duties, or is manifestly beyond scope of official duty, then S. 197 of CrPC does not apply -- if police officer exceeds his powers, protection u/s. 197 may apply but only if there is reasonable connection between act and official duty -- not every offence committed by police officer automatically gets official-duty protection -- impugned act must be reasonably connected to his duties -- acts of assault, torture, illegal detention, custodial violence or “marpeet” inside police station have repeatedly been held NOT to fall within scope of official duty. (2000) 8 SCC 131, (1993) 3 SCC 339, (1997) 1 SCC 416, (2016) 12 SCC 87 and 2023 (2) JLJ 333 = 2023 SCC Online SC 436 followed. [Para 15]
(5) Nagarik Suraksha Sanhita, 2023 -- S. 218 -- Criminal P.C. 1973 -- S. 197 -- sanction for prosecution -- protection of S. 197 of CrPC arises only when there is “reasonable connection” with official duty, which does not exist in cases of abuse, torture, false arrests, custodial violence or false case registration -- protection u/s. 197 is not automatic -- it only applies if act is committed “while acting or purporting to act in discharge of official duty” -- there must be “reasonable connection” between act and relevant official duty -- if such nexus is absent, i.e., there is custodial torture, third degree treatment, abuse, false case filing, fabrication of evidence, then protection fails. [Para 22]
¼1½ ukxfjd lqj{kk lafgrk] 2023 & /kkjk 218 & naM çfØ;k lafgrk] 1973 & /kkjk 197 & vfHk;kstu ds fy, eatwjh vfHkçkIr ugha & laKku fd;k x;k vkSj çdj.k lk{; ds fy, fu;r & vfHk;qä us naM çfØ;k lafgrk dh /kkjk 197 ds vèkhu vkosnu çLrqr fd;k & U;kf;d eftLVªsV çFke Js.kh us vkosnu bl rdZ.kk ij [kkfjt dj fn;k fd U;kf;d eftLVªsV çFke Js.kh dks Lo;a dk vkns'k okil ysus dh vf/kdkfjrk ugha & ls'ku U;k;ky; }kjk Hkh ;gh rdZ.kk nh xbZ & nksuksa fupys U;k;ky;ksa us vkf{kIr vkns'k ikfjr dj dksbZ xyrh ugha dhA ,vkbvkj 2004 ,llh 4674 vuqlfjrA ¼iSjk 10½
¼2½ ukxfjd lqj{kk lafgrk] 2023 & /kkjk 218 & naM çfØ;k lafgrk] 1973 & /kkjk 197 & vfHk;kstu ds fy, eatwjh vfHkçkIr ugha & iqfyl in/kkfj;ksa ij vfHkj{kk esa geys dk vfHk;ksx & vkosfndk@vfHk;qä rFkk ifjokfnuh vkSj mlds HkkbZ ds e/; >M+i gqbZ] ftl ij vkosfndk vkSj vU; iqfyl in/kkfj;ksa }kjk vfHkdfFkr geyk fd;k x;k & ifjokfnuh vkSj mldk HkkbZ dksbZ vfHk;qä vFkok ,sls fdlh vijk/k ds vijk/kh ugha Fks tks bl ?kVuk ds iwoZ iath—r fd;k x;k gks & iqfyl in/kkfj;ksa }kjk fd;k x;k vfHkdfFkr geyk ml {k.k dh vko';drk@ek¡x ugha Fkk & vkosfndk dk —R; inh; drZO;ksa ds fuoZgu esa ugha vkrk & ifjokfnuh ds fo:) vfHkj{kk esa fiVkbZ vkSj ekjihV ds vfHkdFkuksa dks] çFke–"V;k Hkh] vkosfndk ds inh; drZO;ksa dk Hkkx ugha dgk tk ldrk & ,sls —R; iw.kZr% voSèk gSa & naM çfØ;k lafgrk dh /kkjk 197 dksbZ laj{k.k ugha nsrhA ¼2000½ 8 ,llhlh 131] ¼1993½ 3 ,llhlh 339] ¼1997½ 1 ,llhlh 416] ¼2016½ 12 ,llhlh 87 rFkk 2023 ¼2½ ts,yts 333 % 2023 ,llhlh v‚uykbu ,llh 436 vuqlfjrA ¼iSjk 12 ls 14 ,oa 21½
¼3½ ukxfjd lqj{kk lafgrk] 2023 & /kkjk 218 & naM çfØ;k lafgrk] 1973 & /kkjk 197 & vfHk;kstu ds fy, eatwjh laj{k.k vkR;afrd ugha & dsUæh; ijh{k.k ;g gS fd D;k vkf{kIr —R; dk inh; drZO;ksa ds fuoZgu ls ;qfä;qä laca/k gS & D;k ;g ;qfä;qä vfHk/kkj.kk dh tk ldrh gS fd —R; in ds vk/kkj ij fd;k x;k Fkk] Hkys gh og çkf/kdkj ds ckgj gksA ¼iSjk 14½
¼4½ ukxfjd lqj{kk lafgrk] 2023 & /kkjk 218 & naM çfØ;k lafgrk] 1973 & /kkjk 197 & vfHk;kstu ds fy, eatwjh & iqfyl in/kkfj;ksa ij vfHkj{kk esa geys dk vfHk;ksx & ;fn —R; inh; drZO;ksa ls iw.kZr% vlac) gS] vFkok çdVr% inh; drZO; dh O;kfIr ds ckgj gS] rks naM çfØ;k lafgrk dh /kkjk 197 ykxw ugha gksrh & ;fn iqfyl vf/kdkjh viuh 'kfä;ksa ds ckgj dk;Z djrk gS] rks /kkjk 197 ds vèkhu laj{k.k ykxw gks ldrk gS ijarq rc gh tc —R; vkSj inh; drZO; ds eè; ;qfä;qä laca/k gks & iqfyl vf/kdkjh }kjk fd, x, çR;sd vijk/k dks Lor% inh;&drZO laj{k.k çkIr ugha gksrk & vkf{kIr —R; dk mlds drZO; ls ;qfä;qä lacaèk gksuk vo';d gS & ckj&ckj vfHkfu/kkZfjr fd;k x;k gS fd geys] ;kruk] voS/k fujks/k] vfHkj{kk esa fgalk vFkok iqfyl Fkkus ds Hkhrj ekjihV ds —R; inh; drZO; dh O;kfIr esa ugha vkrsA ¼2000½ 8 ,llhlh 131] ¼1993½ 3 ,llhlh 339] ¼1997½ 1 ,llhlh 416] ¼2016½ 12 ,llhlh 87 rFkk ¼2½ ts,yts 333 % 2023 ,llhlh v‚uykbu ,llh 436 vuqlfjrA ¼iSjk 15½
¼5½ ukxfjd lqj{kk lafgrk] 2023 & /kkjk 218 & naM çfØ;k lafgrk] 1973 & /kkjk 197 & vfHk;kstu ds fy, eatwjh & naM çfØ;k lafgrk dh /kkjk 197 dk laj{k.k rc gh mn~Hkwr gksrk gS tc inh; drZO; ls ^^;qfä;qä laca/k** gks] ftldk nqO;ogkj] ;kruk] feF;k fxj¶rkjh] vfHkj{kk esa fgalk ;k feF;k çdj.k ds iathdj.k ds ekeyksa esa vfLrRo ugha gksrk & /kkjk 197 ds v/khu laj{k.k Lor% ço`Ùk ugha gksrk & ;g rc gh ykxw gksrk gS tc —R; ^^vius inh; drZO; ds fuoZgu esa ;k tc ,slk dk;Z fd;k tkuk rkRif;Zr Fkk] rc** fd;k x;k gks & dk;Z vkSj lqlaxr inh; drZO; ds e/; ^^;qfä;qä laca/k** gksuk vko';d gS & ;fn ,slk varlaca/k ugha gS] vFkkZr~ vfHkj{kk esa ;kruk] vR;ar Øwj O;ogkj] nqO;Zogkj] feF;k çdj.k] lk{; dk xढ+k tkuk gS] rks laj{k.k NwV tkrk gSA ¼iSjk 22½
ORDER :
RAJESH KUMAR GUPTA, J.
1. The instant petition has been filed under Section 482 of the Cr.P.C. against the order dated 27.05.2025 passed by Sessions Judge, Sheopur in Criminal Revision No.3/2025 by which the order dated 10.02.2025 passed by JMFC, Sheopur in Criminal Case RCT/95/2024 has been affirmed.
2. Brief facts of the case are that the complainant Pooja Kushwaha presented a written complaint before the trial court that on 12.10.2019 at about 04:30 pm, the complainant's brother Dhirendra was coming on his motorcycle and Devendra Sharma was sitting behind him on the motorcycle, when the accused persons standing a little ahead of village Partwada surrounded Dhirendra and they hurled filthy abuses. When Dhirendra refused, the accused asked them to check the papers of the vehicle, then Dhirendra said check the papers, why are you abusing. Accused No. 1 slapped Dhirendra on his right cheek saying that he is acting like a leader too much, today we will see you, then Dhirendra said why are you beating him, then accused No. 1 slapped him again, accused No. 1 took a stick from accused No. 2 and 3, accused No. 2 and 3 caught hold of Dhirendra, then accused No. 1 hit Dhirendra with two sticks on his left thigh and one stick on his right thigh, which caused redness and a small injury. Accused No. 2 and 3 the accused/petitioner to take him to the police station and hang him upside down, then accused No. 1 took the brother of the respondent No.1 in the vehicle to Bargawan police station and took him to the police station and in the police station, after taking off his pants, shirt and vest, abused him, beat him with sticks and locked him in the lock-up and said that today we will encounter him. Devendra informed his family about the incident. Dhirendra's sister/complainant/Pooja, was at Dhirendra's home, while his mother, father, and brother were at the farm. When Pooja arrived at the police station and saw her brother Dhirendra in the lockup and his injuries, she asked accused No. 1 why she had assaulted her brother. "File a report," she said, "or she would complain to superiors." Accused No. 1 began abusing her and threatened to beat her with a stick. When the complainant told her, "You're a woman also and don't use obscene language," accused No. 1 abused her, grabbed her face, and slapped her four or five times on the cheek, resulting in injuries. She also hit her with a stick on her left hand, left knee, and left leg, with a stick on her left elbow, and with a stick on her chest and body. The assault caused the complainant to fall to the ground. The accused pulled off her dupatta and threw it away. Then Ravi Khare, with ill intention, bite on her shoulder and mouth.
3. The complainant and her brother, Dhirendra, were harassed at the police station from that evening. Due to Dhirendra's injuries and his groaning in pain, the three accused took him to the Community Health Center, Karahal, after midnight. He underwent an MLC (Medical Inspection) and returned to the police station. Due to the complainant's extensive injuries, she was treated at Sanjivani Hospital, Baran, and her treatment is ongoing. When the complainant's mother attempted to speak with the accused, they spoke rudely to her and threatened to ruin her life. The complainant's mother, Premlata, informed the Superintendent of Police, Sheopur, about the incident, but no action was taken. Again, on 22.10.2019, an application was given to SP Sheopur and a complaint was sent by registered post to the Home Ministry, DGP, IG and Chairman Human Rights Legal Cell, but as no action was taken against the accused on the complaints, the charge sheet was presented in the court of Judicial Magistrate First Class Sheopur.
4. On the said complaint filed by the complainant before the trial court, the accused were acquitted by the trial court of the charges under sections 341, 354 and 506-B of the Indian Penal Code and cognizance of the offences under sections 294, 342, 323, 34 and 506 Par
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