Shimla, April 27
Himachal Pradesh High Court has quashed the discharge of a police officer accused of assaulting and illegally detaining a complainant, holding that such acts cannot be shielded as part of official duty requiring prior sanction for prosecution.
In a detailed judgment delivered by Justice Sandeep Sharma, the court allowed a petition filed by Nitesh Gupta challenging orders of lower courts that had discharged then Station House Officer Viri Singh of Police Station Boileauganj for want of sanction under Section 197 of the Code of Criminal Procedure.
The case stems from a March 2016 incident when the complainant reported an assault he witnessed near Totu in Shimla. Instead of acting on the information, the SHO allegedly detained Gupta, assaulted him, confiscated his mobile phone, and filed a false case against him. A subsequent inquiry by the Deputy Inspector General (CID) found that the complainant’s information about the assault was genuine and concluded that the officer had indulged in “illegal action and serious misconduct.”
Despite these findings, the trial court and later the sessions court discharged the accused, citing absence of prosecution sanction. However, the High Court held that acts such as beating and illegal confinement of an informer have no nexus with official duty and therefore do not require prior sanction.
The court emphasized that protection under Section 197 CrPC is meant to safeguard honest officials performing lawful duties, not to shield criminal misconduct. It observed that “no police officer has the authority to thrash or harass an informer,” and such conduct falls outside the scope of official functions.
Setting aside the discharge order dated August 31, 2018, the High Court directed the trial court to proceed with the case in accordance with law, paving the way for prosecution of the accused officer.
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