The Allahabad High Court has refused to grant protection under Section 197 of the Code of Criminal Procedure (CrPC) to police personnel facing criminal proceedings arising from alleged custodial violence against a family in Banda. Justice Madan Pal Singh dismissed two applications challenging the rejection of their discharge pleas.
The judgment was delivered on September 9, 2026, in Lady Constable Shivani Joshi and 2 Others v. State of U.P. and Another along with the connected matter concerning Sub-Inspector Dileep Kumar Mishra.
Background of the Case
The proceedings originated from an incident connected with the investigation of FIR No. 360 of 2021 at Baberu Police Station in Banda. According to the case record, police personnel had gone to Village Padari in connection with notices issued during the investigation.
A subsequent FIR, No. 218 of 2022, was registered against several police personnel after allegations were made concerning assault, custodial violence and other acts. The investigating officer later submitted a final report, but the Special Judge rejected it, took cognizance and summoned the police personnel for offences including Sections 147, 148, 452, 323, 504, 354 and 395 IPC.
The police personnel later sought discharge, arguing that the alleged acts were connected with their official duties and therefore prior sanction under Section 197 CrPC was necessary. The trial court rejected that plea.
Court's Observation
Justice Madan Pal Singh examined the medical material placed before the Court. The records referred to injuries suffered by several members of the family, including the informant, his wife and two daughters. The Court also considered the allegation that the persons had been beaten after being restrained.
The High Court observed:
“Such violence committed by the applicants cannot be termed a part of police duty, it can only be described as a heinous crime nor can it be argued that the police merely overstepped their limits slightly in the course of an investigation. In the opinion of the Court, such police personnel like the applicants are not entitled to any protection as provided under Section 197 Cr.P.C.”
The Court also noted that the applicants had earlier withdrawn a challenge to the cognizance order after obtaining liberty to seek bail, but had neither surrendered nor obtained bail before filing their discharge applications.
The Court separately considered the argument that Section 354 IPC was among the charges. It referred to the Explanation to Section 197(1) CrPC, which specifically provides that no sanction is required where a public servant is accused of an offence under Section 354 IPC.
Decision
The High Court held that the trial court had committed no error in rejecting the discharge applications. It affirmed the order dated September 27, 2024, and dismissed both criminal applications.
There shall be no order as to costs.
