HP High Court Denies Relief To Cops Accused Of Outraging Woman's Modesty, Says State Can't Protect Them From Probe By Filing Revision Plea
The Himachal Pradesh High Court held that the State cannot challenge a court's direction for investigation merely because the proposed accused are government servants.The Court emphasised that, as per Article 14 of the Constitution of India, every individual is entitled to equality before law or the equal protection of the laws. Thus, the Court held that “the State cannot discriminate...
The Himachal Pradesh High Court held that the State cannot challenge a court's direction for investigation merely because the proposed accused are government servants.
The Court emphasised that, as per Article 14 of the Constitution of India, every individual is entitled to equality before law or the equal protection of the laws. Thus, the Court held that “the State cannot discriminate between the Government employees and ordinary citizens by protecting a person against whom an offence has been alleged and investigation has been directed”.
Dismissing the Criminal revision petition filed by the State, Justice Virender Singh observed that: “Merely, since, the proposed accused persons are Government servants, will not give an authority to the State to assail the order, passed by the learned trial Court, against the proposed accused persons, by way of filing the Criminal Revision, before this Court”.
The respondent had filed an application under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, seeking an investigation against two police officials. She alleged that the officers had assaulted her, outraged her modesty due to her caste. The trial court ordered the SHO, of police station to investigate the matter.
Aggrieved, the State of Himachal Pradesh filed the criminal revision petition against the order of investigation.
The Court stated that although crimes are committed against individuals, they are considered offences against the State, because they breach the public order and the law. However, this does not mean that the State can interfere when an order for investigation is passed against government servants.
Accordingly, the Court dismissed the revision petition.
Case Name: State of H.P. v/s Anu Bala & Ors.
Case No.: Cr. Revision No. 148 of 2025
Date of Decision: 31.07.2025
For the Petitioner: Mr. Varun Chandel, Advocate.
For the Respondents: None