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Criminal · Reportable judgment

Somnath vs The State of Maharashtra & Ors.

Court
Supreme Court of India
Date
18 March 2024
Case No.
Criminal Appeal No. 1717 of 2024
Result
Disposed
Bench
Vikram Nath, Ahsanuddin Amanullah
Citation
[2024] 3 S.C.R. 1014 : 2024 INSC 232
Acts & Sections
IPC Scheduled Castes and Scheduled Tribes… Maharashtra Police Act, 1951
Supreme Court Reports [2024] 3 S.C.R. 1014 : 2024 INSC 232
Issue for consideration
Whether criminal proceedings should be initiated against a police officer who has committed excesses on individual in police custody?
Headnote

Constitution of India – Article 142, 226 – Appellant verbally and physically assaulted in police custody – Appellant illegally detained for 4 hours despite being granted bail – Subdivisional Police Officer’s inquiry report found Respondent No. 2 responsible – Special Inspector General of Police imposed punishment of “strict warning” in departmental proceedings – High Court partly allowed Appellant’s writ petition but declined to initiate criminal proceedings – Respondent No. 2 was directed to pay Rs. 75,000/- from his own pocket – Respondent No. 2 paid Rs. 1,75,000/- plus Rs. 25000/- – Respondent No.2 superannuated.

Held: Respondent No. 2 committed excesses against Appellant Supreme Court refrained from initiating criminal proceedings in the peculiar facts – Under Article 226, High Court has power to award compensation – Zero tolerance approach to be taken by courts – Direction to police forces and similar agencies to adhere to all guidelines regarding arrest and police custody. [Paras 21-24]

Keywords: Individual dignity · Personal liberty · Excess use of force · Safeguards, arrest · Remand · Police custody · Treatment of detenu · Strict warning · Departmental inquiry · Criminal proceedings · Compensation, superannuated · Belated prosecution · Police officer · Colour of official duty · Commit excess · High-handed action

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Ahsanuddin Amanullah, J. Leave granted. 2. Heard learned counsel for the parties. 3. The present appeal is directed against the Final Judgment and Order dated 08.10.2018 (hereinafter referred to as the “Impugned Judgment”) passed by the High Court of Judicature at Bombay, Bench at Aurangabad (hereinafter referred to as the “High Court”) in Criminal Writ Petition No.215 of 2017 by which the writ petition filed by the appellant was partly allowed and the respondent no.2 was directed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) from his own pocket to the appellant.
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