Madhya Pradesh High Court: In an anticipatory bail application, the Single Judge Bench of Subodh Abhyankar, J., noted the disturbing trend being adopted by police wherein cases of serious injuries were recorded under petty sections. Accordingly, the Court directed that in all the cases of injuries, the Police Officer concerned and the doctors treating the injured shall take photographs of the injured person(s), highlighting the injuries, so that the Court could decide as to the nature of injuries and foul play of the parties, if any.
Background
In the order dated 03-07-2025(‘previous order’), the Court had directed the State to inform whether any photographs were taken of the injured persons after the incident by the police or private persons, and if they were available, the same shall be produced on the next date of hearing. However, if the photographs were not taken, then the Investigating Officer (‘IO’) concerned shall furnish an explanation for not taking the photographs.
Pursuant to the previous order, the IO filed a report (‘police report’) stating that when the injured persons approached the Police Station, they were immediately taken to the hospital as their injuries were grave and hence, photographs could not be taken. Furthermore, no other private person or doctor took them.
Analysis and Decision
At the outset, the Court noted that there was a disturbing trend of extending undue benefit of deliberate procedural lapses at the initial stage of a crime.
The Court stated that the aforesaid directions were given in the previous order because, prima facie, it was found that the injured persons had suffered grievous injuries, but the police had registered the case under petty sections, which allowed the accused to obtain bail.
Noting the aforesaid, the Court stated that the police report was contradictory because on one hand, the case was registered under petty sections, and on the other hand, the injured persons had admittedly suffered such grievous injuries that they required immediate medical attention.
The Court remarked that it could not turn a blind eye to such recurring pattern adopted by the police across the State, i.e., firstly, in cases of serious injuries caused to the complainant party, cases were registered under petty Sections like 296, 115(2), 351(3), 118(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’). Secondly, notice was issued under Section 41-A of the Criminal Procedure Code, 1973 (‘CrPC’), or bail was immediately granted by religiously following the decision rendered by the Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. The Court stated that such conduct was nothing but sheer misuse of Arnesh Kumar (supra) for ulterior and illegal purposes.
“This is done deliberately to give undue advantage of bail to the accused persons at the initial stage of trial because at the subsequent stage, even if the charges are enhanced, it is always convenient for the accused persons to plead before the Court that the case was initially registered under petty offences, wherein they were granted bail by the police itself, and it is only after the serious offences were added, which they did not intend to commit, that they are seeking anticipatory bail.”
Accordingly, the Court directed that in all the cases of injuries, the Police Officer concerned and the doctors treating the injured shall take photographs of the injured person(s), highlighting the injuries, so that the Court could decide as to the nature of injuries and foul play of the parties, if any. The Court also directed that this order shall be complied with by all the police personnel and doctors in all criminal cases. Furthermore, a copy of this order was directed to be sent to the Director General of Police for its proper circulation and compliance.
The application herein was withdrawn.
[Seetu v. State of Madhya Pradesh, Misc. Criminal Case No. 29212 of 2025, decided on 14-07-2025]
Advocates who appeared in this case :
For the petitioner: Vijay Sharma
For the respondent: Government Advocate K. K. Tiwari
Buy Code of Criminal Procedure, 1973 HERE
