The Court emphasized the need for prompt investigation of custodial torture complaints as part of legal compliance.

O R D E R

The Criminal Miscellaneous Case is filed to direct the 4^th respondent to record the statement of the petitioner and conduct a proper investigation in relation to the custodial torture committed on the petitioner.

2. The petitioner is a convict prisoner in the High Security Prison, Viyyur. He was convicted and sentenced to undergo imprisonment in S.C.No.510/2014 on the file of the POCSO Court, Thodupuzha.

3. The petitioner asserts that; on 03.01.2021, he was brutally manhandled by four prison officers subordinate to the 2^nd respondent. Even though the petitioner made a complaint to the 2^nd respondent, no action has been taken in the matter. It is noted that all portions of the said prison including the cell, are monitored by CCTV Cameras. The petitioner has not faced any disciplinary action in the jail so far. Due to the highhanded action of the subordinate officers to the 2^nd respondent, the petitioner has suffered severe body pain and bodily injuries. Therefore, the 4^th respondent may be directed to record the statement of the petitioner and register a crime.

4. The 3^rd respondent has filed a statement reporting that the petitioner is a convict prisoner. The petitioner was transferred from Central Prison and Correctional Home, Viyyur to the present prison on 26.11.2019. Every day, 4 to 5 inmates are send for the construction work of a canteen building between 7.30 a.m. to 1.00 p.m. When the inmates return back to the prison, they are searched by the persons belonging to the India Reserve Battallion. On 06.01.2021, when a search was conducted on the petitioner, beedi was recovered from him. The petitioner was questioned on this aspect. Thereafter, the petitioner has not been sent out. The petitioner has tendered his apology for his misconduct. The petitioner has not made any complaint regarding the alleged manhandling on 06.01.2021. The medical certificate of the petitioner dated 02.02.2021 substantiates that there is no injuries on him. Therefore, the contention put forth by the petitioner is false.

5. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The grievance of the petitioner is that he was tortured by the jail authorities. Even though he made a complaint to the 2^nd respondent, no action has been taken in the matter.

On a consideration of the facts and the materials on record, particularly, that the petitioner's complaint is pending before the 2^nd respondent, without expressing anything on the merits of the order, I dispose of this Crl.M.C.

by directing the 2^nd respondent to consider the petitioner's complaint, in accordance with law and as expeditiously as possible, after affording the petitioner an opportunity of being heard.