Delhi court sets aside summons against four cops in 2012 custodial assault case

New Delhi, Jul 14 (PTI) A court here has set aside a magistrate's order summoning four Delhi Police officials including an ACP to face trial for allegedly assaulting a man inside a police station, saying that the alleged acts done by the officers were under the "colour of duty". Additional Sessions Judge Subhash Kumar Mishra was hearing the revision petitions filed by the police officials against a trial court's August 22, 2023 order summoning them under Sections 323 and 34 of the IPC. In an order dated July 11, the court said, "In the instant case as well, the alleged acts were done by the revisionist during the investigation of a recorded criminal case and therefore, these acts fell under the 'colour of duty' and hence, for taking cognisance, sanction under Section 197 of CrPC and Section 140 of Delhi Police Act was required." The complaint alleged that Ram Gopal was beaten by police personnel after he objected to an alleged encroachment on public land in Geeta Colony in November 2012. He claimed he was taken to the police station, assaulted until he became unconscious and later taken to hospital, where he alleged he was not properly treated due to police influence. He also alleged that an FIR was falsely registered against him. Counsel for the police officials, Advocate Nishaank Mattoo, submitted before the court that the allegations were false and, in any event, the acts complained of were performed while discharging official duties during the investigation of a criminal case. The complainant's counsel opposed the plea, contending that custodial violence could not be treated as part of official duty and hence, no prior sanction was required. Allowing the revisions, the court said that the complainant had been taken to the police station in connection with the investigation of a registered FIR and the alleged acts were committed under the "colour of duty". Relying on Supreme Court and Delhi High Court judgments, the court held that even if a public servant exceeded the scope of official duty, prior sanction remained necessary if there was a reasonable nexus between the act and official functions. "The trial court, without such sanction, took cognisance of the alleged offence and issued the summons to the revisionist. Therefore, the revision is allowed and the impugned order is set aside," the court said, setting aside the summoning orders against the four police officials. PTI SKM SKM KSS KSS