Allahabad High Court: In a writ petition filed by the boy for being beaten up by the police due to a minor issue of roadside parking, the division bench of Sangeeta Chandra and Narendra Kumar Johari, JJ. was not convinced of the injuries, as bruises do not appear to be caused due to grazing of skin on the road, therefore, the Court directed medical examination of the victim.
The police submitted that the victim himself created obstruction on the road. He sat down on the road and when he was being pulled on the road to the side to be taken in a police vehicle the injuries were caused due to grazing on the asphalt road.
The Court, after perusing the evidence in form of video clips produced by the police, said that the video clips have been made in shorts spurts and it is not explained as to why such short videos of three to four seconds have been made. The incident occurred at Chinhat Crossing on 22-7-2023. It is alleged by his father that the victim was beaten up severely by the police personnel only because his two-wheeler was parked on the road, and he was obstructing the traffic. The Court said that the photographs clearly show that the victim has been beaten up, as the injury marks cannot be caused only by grazing of skin on the road.
The Court was not convinced of the injuries, as bruises do not appear to be caused due to grazing of skin on the road, therefore, the Court directed medical examination of the victim to be conducted by a Specialist Doctor of KGMU, Lucknow. Further, it directed the Commissioner of Police, Lucknow, to refer the victim’s case to the Chief Medical Superintendent of KGMU.
The Court has been informed by the Additional Advocate General that an enquiry has been set up in the matter by the Commissioner of Police on 25-7-2023, as the victim himself had approached him by way of an application.
The Court clarified that it is not interfering in such an enquiry being conducted by the team constituted by the Commissioner of Police and the said enquiry must go on. Further, it directed that the report of such enquiry be placed before the Court on a sealed cover on the next date of listing.
The matter will next be taken up on 17-8-2023.
[Rajat Bajpai v. State of UP, 2023 SCC OnLine All 525, Order dated 27-07-2023]
Advocates who appeared in this case :
Counsel for Petitioner: Advocate P.R.S. Bajpai, Advocate Abhishek Yadav, Advocate Anand Mani Tripathi, Advocate Harsh Tripathi, Advocate Manoj Kumar Mishra, Advocate Ravindra Bajpai
Counsel for Respondent: Chief Standing Counsel
