Delhi sessions court stays FIR against cop accused of custodial torture

She added that the order dated April 8, passed by Additional Chief Judicial Magistrate (ACJM) Joshi of the Patiala House Court, is stayed till the next date of hearing on May 15.

Accused Nishit Kumar Rajendrabhai Patel, who was produced before the court on April 5, told the judge that he was being physically tortured in police custody. Following this, during a private examination, ACJM Joshi had found bruises on his arms and feet.

ACJM Joshi noted in his order dated April 8 that “prima facie allegations of the physical torture were substantiated”. The court refused to send the accused to the custody of the Delhi Police, which had sought a 10-day remand.

“This court is of the considered opinion that not only the police officials have abused the authority vested in them by law, they have also committed cognizable offence,” he added.

The judge had directed the SHO to register an FIR against Kumar under sections 117 (voluntarily causing grievous hurt), 126 (wrongful restraint) and 119 (voluntarily causing grievous hurt to extort property) of the Bharatiya Nyaya Sanhita (BNS). He also noted that Dr Aman Gahlot of Indira Gandhi Hospital, who filed the medico-legal report of the accused, appeared to “have conspired with the police officials” by “deliberately ignoring the injuries of the accused” and preparing a false report showing no injuries. The court went on to direct the SHO to book the doctor as well.

Patel, who was represented by advocate Jagdeep Vats, was accused of forging the identity of passport holders to travel to foreign countries illegally.