In a significant move to curb a growing issue, the Madhya Pradesh High Court, under Justice Subodh Abhyankar, has directed that photographs of injuries must be mandatorily taken by police officers and doctors in all criminal cases involving injuries. This decision stems from a pattern observed by the Court, where serious crimes were being diluted under petty sections, thereby allowing accused persons to secure bail easily.
Court Concern Over Procedural Manipulations
While hearing an anticipatory bail plea on July 14, 2025, in the case of Seetu and Others vs. State of Madhya Pradesh, the petitioners sought permission to withdraw the application with liberty to surrender before the trial court. The High Court granted the withdrawal but did not overlook a concerning pattern in how police stations were allegedly manipulating early-stage procedures to benefit the accused.
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The Court noted:
“This Court cannot turn a blind eye to such recurring pattern adopted by the Police Officers across the State.”
The Court had previously ordered the State counsel to confirm whether any photographs of the complainants’ injuries had been taken after the incident. The direction was prompted by the observation that although the injuries were evidently severe, the police had registered the case under less serious provisions.
Police Explanation Deemed Contradictory
In response, the investigating officer from Police Station Kalyanpura, Jhabua, submitted a report stating that the injuries were so serious that the complainants had to be rushed to the hospital immediately at night, leaving no opportunity to take photographs. However, the High Court found this explanation contradictory.
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“On one hand the case is registered under petty sections, and on the other hand, it is admitted that the injured had suffered grievous injuries which required immediate hospitalization.”
This contradiction raised concerns about the misuse of procedural steps for wrongful benefits to the accused, especially at the early stages of the trial. The court emphasized how some police officers use the Arnesh Kumar vs. State of Bihar Supreme Court ruling (2014) to issue notices under Section 41A of Cr.P.C. or grant bail prematurely.
Deliberate Downgrading of Charges
Justice Abhyankar highlighted how serious cases are initially registered under sections such as 296, 115(2), 351(3), 118(1), 3(5) of B.N.S. (which correspond to 294, 321, 503, 324, 34 of IPC). These sections are less stringent and facilitate easy bail. The Court stated that such practice is not only misleading but also undermines the justice system.
“Such conduct is nothing but sheer misuse of the decision of the Supreme Court for ulterior and illegal purposes.”
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According to the order, this misuse is intentional, providing an unfair advantage to the accused during the initial trial phase. Later, when the charges are enhanced, the accused can conveniently argue that they had originally been booked under minor offenses.
Mandatory Photography of Injuries: Court’s Directive
To prevent further misuse, the High Court issued the following directive:
“In all cases of injuries, the Police Officer concerned as also the doctors treating the injured, shall take photographs of the injured person(s), highlighting the injury(ies), so that the Court can also make up its mind as to the nature of injuries and any foul play played by the parties.”
The Court mandated strict compliance by both police officers and medical practitioners.
Justice Abhyankar further instructed that:
- A copy of the order be sent to the Director General of Police, Madhya Pradesh, for statewide circulation and implementation.
- Another copy be dispatched to the Office of the Advocate General for necessary action and compliance.
Case Title: Seetu and Others vs. State of Madhya Pradesh
MISC. CRIMINAL CASE No. 29212 of 2025