Patna High Court Orders FIR Against Police Officer for Alleged Assault
The Patna High Court has ordered the registration of a First Information Report (FIR) against a police officer accused of inflicting severe injuries on a man after learning of his caste. The case, Manish Kumar v The State of Bihar, was presided over by Justice Jitendra Kumar. The Court has instructed the Director General of Police (DGP) to obtain a compliance report from the Station House Officer (SHO) of Murar in Buxar, Ara, regarding the FIR against the former SHO, Kamal Nayan Pandey. Additionally, the investigation has been transferred to the Crime Investigation Department (CID).
In a stern warning, Justice Kumar remarked that unchecked police brutality could result in a force reminiscent of Nazi Germany. “If such conduct is not controlled and checked, the whole rule of law and constitutional protection of life and liberty of the citizen of the country would go to wind, and the national police may become like one of Nazi Germany,” stated Justice Kumar in his order dated June 16.
Background of the Case
The High Court’s decision followed a petition filed by the victim, Manish Kumar. He claimed that despite submitting a written complaint about the incident, the police failed to register an FIR. Kumar alleged that SHO Pandey assaulted him without justification after discovering his caste. The incident reportedly occurred on July 4, 2024, when Kumar was answering the call of nature. Upon being questioned about his caste, the SHO allegedly attacked him.
In response to Kumar’s petition, the Superintendent of Police of Buxar stated that Kumar’s injuries were not caused by the police but were due to slipping in rainy weather. However, the Court found that the complaint provided a prima facie case of a cognizable offense by the then SHO Pandey. The Court clarified that no prosecution sanction was needed as the alleged brutal act was not part of the officer’s official duty.
Court’s Observations and Directions
“The Court, at this stage, is required not to look into the veracity of the allegation but to see to it that as per the allegation, a prima facie cognizable offense is made out,” explained the judge. The Court expressed dismay that the victim’s plea for registering an FIR against the SHO remained unanswered by authorities, despite their obligation to prosecute the accused, even if the accused is a police officer.
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The Court also noted that directing the victim to approach a judicial magistrate would exacerbate the injustice. Therefore, it ordered the FIR against the accused officer. Justice Kumar emphasized that the allegations indicated a violation of the petitioner’s fundamental rights under Article 21 of the Constitution, necessitating immediate action.
The Court further stated that if the victim remains unsatisfied with the investigation following the FIR, he has the option to seek a transfer of the investigation to the Central Bureau of Investigation (CBI). “Because this matter relates to the protection of the fundamental right of the people and the brutality committed by the police officer,” the Court added.
Advocate Malti Kumar represented the petitioner, while Advocate Akhileshwar Singh represented the State. [Read Judgment]
