Madhya Pradesh High Court orders cops, doctors to photograph injuries of victims - here is why

The Madhya Pradesh High Court recently ordered that police officers and doctors must photograph the injuries of crime victims to assist courts in comprehending the nature of the injuries [Seetu and Others vs The State of Madhya Pradesh].

Justice Subodh Abhyankar passed direction on July 14 after taking note of the growing trend of the police registering cases by invoking minor offences despite serious injuries to the victims.

This was being done to justify grant of immediate bail to accused, the Court noted.

“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 Court said.

The Court added that it was being done deliberately to give undue advantage of bail to the accused at the initial stage of trial.

At the subsequent stage, even if the charges are enhanced, it is always convenient for the accused persons to plead that the case was initially registered under petty offences, the Court noted.

Accordingly, the Court issued the following direction to all the police personnel and doctors for compliance in criminal cases,

“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.”

The Court was dealing with an anticipatory bail in a case in which it found that the injured persons had suffered grievous injuries but the police had registered the case under petty sections.

When the Court sought photographs of the injured, it was informed that due to the victims sustaining grievous injuries and it being nighttime, they were immediately transported to the hospital.

The Court found the response to be contradictory to the provisions of law invoked against the accused.

“The aforesaid report is contradictory, because on one hand the case is registered under petty sections and on the other hand it is also admitted that the injured had suffered such grievous injuries which required immediate action of the police to rush them to the hospital,” it said, while issuing a mandate for photography of the injured persons. 

Meanwhile, the plea for anticipatory bail was withdrawn by the accused with the liberty to surrender before the trial court.

Advocate Vijay Sharma appeared for the petitioners-accused.

Advocate KK Tiwari represented the State.

[Read Order]