2025 Supreme(Online)(AP) 11766
HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Parnapalli KI-Shore – Appellant
Versus
State of Andhra Pradesh – Respondent
I.A.No.1 OF 2025|WP NO..14234 OF 2025
For the Appellants/Petitioners: V.R.Reddy Kowuri
For the Respondents: GP FOR HOME
The court emphasizes the necessity of an independent medical examination for accused claiming custodial torture to establish veracity of injuries.
Headnote:(A) Constitution of India - Section 151 - Custodial torture - Petitioners seeking a fresh medical examination due to alleged torture while in custody; Court allows referral to an independent hospital to ascertain injuries. (Paras 4, 5)
(B) Criminal Procedure - Rights of Accused - The rights to health and fair treatment during custody must be prioritized by the state; ensuring medical examination is necessary to establish the truth. (Paras 3, 4, 5)
Facts of the case:
The petitioners allege custodial torture by police while being held for accusations relating to specific crimes; they request an independent medical evaluation to counter previous findings of no injuries.
Findings of Court:
Court concluded that a fresh medical examination would not prejudice the respondents but affirm the truth of the petitioners’ injuries.
Issues: The main issue was whether a fresh medical examination was justified given allegations of torture.
Ratio Decidendi: The court found that an independent examination was necessary to establish the facts while safeguarding the legal rights of the petitioners.
Result: Application allowed; respondents ordered to arrange a medical examination for the petitioners.
| Table of Content |
|---|
| 1. overview of parties and their claims. (Para 1 , 2 , 3) |
| 2. allegations of custodial torture. (Para 4) |
The petition coming on for hearing, upon perusI'ng the Petition and the affidavit filed in support thereof and upon hearing the arguments of sri v.R.Reddy Kowuri, Advocate for the PetI'{iOnerS and Of GP FOR HOME for Respondent Nos. 1 to 6, the C6utrflinade the following _O _RDER: ; ;,;:--;*,;.: , ff The present interlocutdry: `applI-CatiOn iS filed Seeking tO refer the Petitioners for fresh medical examinatI-On by an independent Government Doctor from a reputed Government Hospital outside ysR Kadapa Djstrj'ct.
The learned counsel for the petitI-OnerS SubmI-tS that the petitI-OnerS are arraI-gned as Accused Mos,7,ll,17,18,10 and 9 in Crime No.360 of
2025 on the file of pulivendu[a+(uG) Po[jce Station, Kadapa D[-strict for the alleged offence uncler sections 191(2),191(3), 324(4),109 read with ~' .i
109 ofBNS. t";`J The learned counsel for ;th~6 petitioners submI-tS that the petitioners were be`aten up and subjected to custodial torture by the respondent Mos.3 to 5 while they were arrested and in custody. The learned counsel for the petition6rs further submits that the petitI'OnerS brought tO the notice of Judicial First class Magistrate, Pulivendala about the torture of the poll-Ce When they were'produced for remand for judicial custody. It is further submitted that the learned' MagI-Strafe has recorded the statements of petitioners and sent 1:hem for medjca[ examinatIIon to Govemment Doctor at Government Hospjta], Pu]jvendala.
The learned counsel forihe petitioners further submits that the respondents 3 to 5 have manalged to get a medjca[ exam[-nation record indl-eating that they were no external I-njurieS found On the body of the Petitioners. It js also submjtt6d-+hat the jnjurjes were visjb[e, however, the respondents 3 to 5 managed to get the medical certificate indicating no injuries. As such, a prayer for referring the petitioners for fresh ~J medical examination to any hospital outside Kadapa District js sought.
Heard the learned coirri§+el for 1:he petitioners and the learned Assistant Government pleadeli fig-r the state.
i`.
Referring the petitioners+I`|f8p fresh medical examjna1:ion would not cause any prejudice to the respondents. on 1:he contrary would enable [|n establishI-ng the true facts. As 'Srich, this Court is of the considerecl view that the prayer of the petitioners seeking a fresh medical examinatI-On iS justified. Accordingly, the respondents 3 ancI 4 shall produce the Petitioners before the Superintendent, Government General Hospital, Kurr10OI vyithI-n 24 hours from the date of receipt of this order and the Superintendent, Government General Hospital, Kurnool shall get the medical examination condli`'cted on the petitioners and furnllsh 1:he medical examination repori§``:c~`to this court by the next date of adjournment. I:f`''-J' I , Post on 25-06.2025."
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SD/-M.SRfN!'V-AS f..~,_
/ ASSISTANT //TRUE COPY// - SEC"ON ,I,OFFICER _ _ . .~,I.1 `,I rI`,E=I`
To, 1. The Principal Secretary, Stat'e of Andhra Prades`h, Home Department, Secretariat, velagapudi,IAmar.avathi, Guntur District.
2. The Director General of Poli6e, state of Andhra Pradesh, Vadeswaram, Mangalagiri, Guntur District.(Addressee Nos. 1 and 2 by SPECIAL MESSENGER)
3. The Sub-Divisional police Officer, Pulivendula, Y.S.R Kadapa District.
4. The Circle Inspector of polI'Ce, Pulivendula Urban Police Station, YSR District.
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5. Theo Circle Inspector of~'P6-i'ice, pulivendula Rural Police Station, YSR DI'StriCt. `' ''
6. The Superintendent, GovernJinent Hospital, Pulivendula, YSR District.
7. Dr. Ananya, The Medical Officer, Government Hospital, Pulivendula YSR District.
8. Dr. Kalyani, `The MedI'Cal Officer, Government Hospital, Pulivendula, YSR District.
. 9. Sri Murali Naik, The Sub-DivisionaI Police Offl'cer, Pulivendula, Y.S.R Kadapa Distr