Decided on November 22,1983

SATPAL Appellant


H.L.Anand,J. - (1.)This order would dispose of Cr. M(M) 683/82 and Cr. M(M) 4/83, as both the petitions raise certain common questions of law and some of the respondents are also common and so are the nature of the allegations. All the police officers whose conduct is called in question were posted in the same police station.
(2.)These two petitions by two undertrials, Satpal (Cr. M(M) 683/82), and Shri Krishan (Cr. M(M) 4/83) were received by this Court from jail and contained allegations that the petitioners were subjected to illegal force while in police custody by certain officers of Police Station Farash Bazar, Shahdara, Delhi. While Satpal was wanted in connection with an offence u/s 302 of the Indian Penal Code, the other petitioner, Shri Krishan, was wanted in connection with an offence u/s 307 of the Indian Penal Code.
(3.)In the petition of Satpal, the respondents are Naresh Kumar, Assistant Commissioner of Police, Station House Officer, Sub-Inspector Hoshiar Singh, and Sub-Inspector Bani Singh, all of Police Station Farash Bazar, Shahdara. Paragraphs 2 to 4 of the petition are in these terms :

2. That on 25-11-1982 when the petitioner was produced in Court from Judicial custody, the Respondent No. III asked for and obtained a Police Retoand of the petitioner for two days from the Magistrate, Shahdara, the same Magistrate also allowed the application of the petitioner that he be got medically examined before proceeding on Police Remand ; this medical examination was got done at the Police Hospital .on the payatent of Rs. 16.00 as fees, and the Doctor examining the petitioner found no injuries on his person.

3. That thereafter, the petitioner was taken to Police Statioa Fareash Bazaar where the Respondent No. II and IV were present sad subseineotly. Respondent No. I also also arrived. Upon his arrival Respondent No. III and IV alongwith se\eral constables of the Police Station started brutally beating the petitioner with lathis which they coptinued for about one hour ; then after a respite of about 3 hours the petitioner was again subjected to a similar beating ; on the next day again the respondents subjected the petitioner to a beating ; the petitioner has lost count as to the number of treating sessions that took place on the next day all that he remembers is that he was going from one peak of agony to the next and each scream of his seemed to drive his sadistic torturers to an even greater frenzy. On 27-11-82 the day that the petitioner was produced before the Magistrate he was not beaten.

4. That on 27-11-82 the petitioner was remanded back to Judicial Custody and he was medically examined on the morning of 29-11-82 wherein the prison doctor found the following injuries on the petitioner, as are mentioned at Serial No. 2794 of the admission register maintained at the prison :

(i) Extensive Bruises over the back (ii) Contusion over left and right things. (iii) Contusion over both upper arms.

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