MP High Court Mandates Photography Of Victims' Injuries To Combat Trend Of Invoking 'Petty' Sections Even In Serious Cases

While noting a "recurring pattern adopted by police officers" across Madhya Pradesh where even in serious injuries to complainants cases were stated to be lodged under "petty sections", the High Court directed that in "all cases of injuries" police officers and doctors shall take photographs of the injured parties. 

The court passed the order while hearing an anticipatory bail plea of certain persons who had sought withdrawal of the plea while seeking liberty to surrender before the trial Court. While permitting the prayer, the high court took note of  "disturbing trend" which the police stations were adopting nowadays, extending "undue benefit of deliberate procedural lapses" at  initial stage of a crime. 

In the present case, the court had in the previous order directed the police to produce photographs of the complainants after noting that "on the face of it" the injuries were grievous, however the police had registered the offence under petty sections. The police however submitted that since it was night time and complainants had suffered grievous injuries, thus they were immediately taken to the hospital and photographs could not be taken. 

Justice Subodh Abhyankar in his order perused the police's report and observed that it was contradictory, because on one hand the case is registered under petty sections and on the other hand it was also admitted that the injured had suffered such grievous injuries which required immediate action of the police to rush them to the hospital. 

It thereafter said:

"This Court cannot turn a blind eye to such recurring pattern adopted by the Police Officers across the State i.e., firstly, even in cases in which serious injuries are caused to the complainant party, to lodge a case under petty Sections like 296, 115(2), 351(3), 118(1), 3(5) of B.N.S (294, 321, 503, 324 34 of IPC), and secondly, to issue notice under Section 41A of Cr.P.C., or grant bail immediately by religiously following the decision rendered by the Supreme Court in the case of Arnesh Kumar Vs State of Bihar and Another, reported as (2014) 8 SCC 273, such conduct is nothing but sheer misuse of the aforesaid decision of the Supreme Court for ulterior and illegal purposes". 

The high court said such actions are done "deliberately" with a view to give undue advantage of bail to the accused persons at the initial stage of trial. This the high court said was so because at the subsequent stage, even if the charges are enhanced, it would be convenient for the accused to plead that the case was initially registered under petty offences only in which they were granted bail.

It is only after the serious offences were added which the accused persons did not intend to commit, that they are seeking anticipatory bail, the order notes. 

"In such circumstances, it is hereby directed that in all the cases of injury(ies), the Police Officer concerned as also the doctors treating the injured, shall take photographs of the injured person(s), highlighting the injury(ies), so that the Court can also make up its mind as to the nature of injuries and any foul play played by the parties.Let this order be complied with by all the Police Personnel and doctors alike, in all the criminal cases," the court added. 

The court said that a copy of its order be sent to the state's Director General of Police, for its proper circulation and compliance. It further said that a copy of the order be also sent to the Office of the Advocate General for its compliance.

Case title: SEETU AND OTHERS Versus THE STATE OF MADHYA PRADESH

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