Supreme Court of India
BASAMSETTI RAMA DEVIversusTHE STATE OF A.P. & ORS.
- Citation
- 2024 INSC 1055
- Decided
- 7 August 2024
- Disposal
- Appeal(s) allowed
Holding
The High Court erred in quashing the criminal proceedings; a prima facie case of custodial death exists and the matters must be tried, not dismissed under Section 482.
Summary
The Supreme Court examined two criminal appeals challenging High Court orders that quashed criminal complaints and set aside committal orders against police officers accused of custodial deaths. The appellants alleged that the deceased were killed in police custody and that the High Court relied solely on CID and CBI reports, accepting a self‑defence claim without a trial. The Court held that under Section 482 of the CrPC, a court may only quash proceedings when no cognizable offence appears on a prima facie view, which was not the case here. It emphasized that the plea of self‑defence must be proved at trial and cannot be accepted at the stage of a quashing petition. Consequently, the Supreme Court set aside the High Court orders, remanded the matters to the respective trial courts for a full trial, and directed expedited proceedings.
Issues considered
- Whether the High Court was justified in quashing the criminal complaints and setting aside the committal orders under Section 482 of the CrPC in custodial death cases.
- Whether a claim of self‑defence can be accepted at the stage of a quashing petition without a trial.
- Whether a prima facie case of offences under Sections 302, 201, 149, 120B r/w 34 of the IPC exists in the facts presented.
Legislation cited
- Code of Criminal Procedure, 1973s. 190, s. 197, s. 200, s. 209, s. 267, s. 482
- Indian Penal Code, 1860s. 120B, s. 149, s. 201, s. 302, s. 34
Headnote
Issue for Consideration In cases relating to quashing of criminal complaint against the accused police officers-respondents in matters of custodial death, whether the High Court was justified in setting aside the committal order and discharging the accused-respondents in the Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – ss.302, 201, 149, 120B r/w s.34 – Matters of custodial death – High Court solely relying on the reports of the investigating agencies (CID and CBI) held that the occurrence took place in the exercise
Subjects
Custodial DeathQuashingExercise of right of self-defence by police officialsTyranny of policeRight to life and Fair TrialRights of detained personsCommittal orderDischarge orderOffence warranting a trialInvestigation reportsClean chit to accused before trialPrima facie caseJudicial custodyPolice firingTelugu Desam PartyBezawada Bar AssociationGrounds of defense adopted are matter of trialHuman rightsCivil liberties
Judgment
[2024] 8 S.C.R. 1687 : 2024 INSC 1055
Basamsetti Rama Devi
v.
The State of A.P. & Ors.
(Criminal Appeal No. 1358 of 2024)
07 August 2024
[Vikram Nath and Prasanna B. Varale, JJ.]
Issue for Consideration
In cases relating to quashing of criminal complaint against the
accused police officers-respondents in matters of custodial death,
whether the High Court was justified in setting aside the committal
order and discharging the accused-respondents in the respective
cases.
Headnotes†
Custodial Death – Code of Criminal Procedure, 1973 – s.482 –
Penal Code, 1860 – ss.302, 201, 149, 120B r/w s.34 – Matters
of custodial death – High Court solely relying on the reports
of the investigating agencies (CID and CBI) held that the
occurrence took place in the exercise of right of self-defence
by the accused police officials-respondents and set aside
the committal order and discharged the respondents in the
respective cases – Challenge to:
Held: High Court erred in quashing and setting aside the criminal
proceedings against the accused police officials-respondents –
Present matters did not warrant discharge or setting aside of
committal order by the High Court – Approach taken by the
High Court in allowing the revision petitions, deprecated – While
conclusively asserting that the occurrence took place in the
exercise of right of self-defence, the High Court glaringly lost
sight of the fact that it was deciding petitions u/s.482, CrPC to
set aside the committal order and grant discharge in respective
matters, and not carrying a full-fledged trial so as to conclusively
establish the cause of the incident itself – When dealing with
such matters, u/s.482, CrPC, the High Court is to assess whether
at a prima facie view of the allegations, a cognizable offence
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is made out or not – Going by the farthest stretch or even the
most flexible interpretation of the principles involved in deciding
a quashing petition, one fails to see how it can be implied that an
offence warranting trial is not made out in the given set of facts
and circumstances – The plea of self-defence could not have
been accepted at face-value by the High Court without having
to meticulously prove it during the trial – A plea of self-defence
cannot be taken lightly, especially in a grave incident of custodial
death, that too in such compelling circumstances – Grounds
of defence adopted by the accused persons are a matter of
trial which ought to be explained and proven in due course of
proceedings following the strict rules of evidence and criminal
procedure – Impugned order set aside – Matters remanded back
to the respective Trial Courts – Right to life – Right to fair trial.
[Paras 8-10, 12, 13]
List of Acts
Code of Criminal Procedure, 1973; Penal Code, 1860.
List of Keywords
Custodial Death; Quashing; Exercise of right of self-defence by
the police officials/officers; Tyranny of police; Right to life and
Fair Trial; Rights of detained persons; Committal order; Discharge
order; Offence warranting a trial; Investigation reports; Clean
chit to accused before trial; Prima facie case; Judicial custody;
Police firing; Telugu Desam Party; Bezawada Bar Association;
Grounds of defense adopted are matter of trial; Human rights;
Civil liberties.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1358 of 2024
From the Judgment and Order dated 17.10.2014 of the High Court
of Judicature at Hyderabad for the State of Telangana and the
State of Andhra Pradesh in CRLRC No. 656 of 2007
With
Criminal Appeal No. 1359 of 2024
[2024] 8 S.C.R. 1689
Basamsetti Rama Devi v. The State of A.P. & Ors.
Appearances for Parties
Advs. for the Appellant:
Ms. Kamini Jaiswal, Ms. Rani Mishra.
Adv. for the Respondents:
Guntur Pramod Kumar, Ms. Prerna Singh, Dhruv Yadav, Keshav
Singh, D. Bharat Kumar, Aman Shukla, Rahul G. Tanwani, Amit
Kumar, Ms. Yatika Gupta, M. Chandrakanth Reddy, Gopal Jha,
Venkateswara Rao Anumolu, Sunny Kumar, Prateek Raushan,
Puneet Aggarwal.
Judgment / Order of the Supreme Court
Order
1. “…but what happens after a person is arrested or detained? His
troubles begin then. When he is detained or arrested and he is in
the clutches of the police, he is alone in the world, and the forces
of the police, the forces of the Crown and all other forces combine
against him and he is helpless.”
The above excerpt is from a Constituent Assembly Debate on 15th
September, 1949 wherein Pandit Thakur D. Bhargava was flagging
concerns to protect the detained individuals from the tyranny of police
while debating amendments to the rights of detained persons. Even
though the said concern was expressed almost 76 years ago, the
trepidation surrounding police custody and the helplessness that it
entails still echo as true as ever. The case at hand unfortunately
is a precise example of uncertainty and vagaries that might follow
once a person is taken into custody. Even though our Constitution
and procedural laws stipulate sufficient safeguards to protect the
rights of detainees, there comes every now and then a case such
as instant one which leads to a plethora of unanswered questions,
unending misery of aggrieved persons for decades and is enough
to shake the public confidence in police force. In such a regrettable
state of affairs, it becomes the solemn duty of the Courts of law
to uncover the truth, take to task every offending individual and
ensure that the basic rights of every human are preserved, be it a
detainee, an accused or a convict. However, the set of events that
unfold here woefully depict how the judiciary also has failed in its
1690 [2024] 8 S.C.R.
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commitment to uphold justice and gave a clean chit to the accused
persons before a trial could even begin, in an offence as gruesome
as custodial death.
2. The present appeals have been preferred by the respective
original complainants against the common impugned judgment and
order dated 17.10.2014 passed by the High Court of Judicature
at Hyderabad for the State of Telangana and Andhra Pradesh in
Criminal Revision Petitions being Crl. R.C. No. 656 of 2007 and Crl.
R.C. No. 1402 of 2009.
3. The two appeals arise from different factual matrix and involve distinct
parties but were heard and disposed of together by the High Court
since they involved the similar issue relating to quashing of criminal
complaint against the police officials in matters of custodial death.
For the sake of clarity, the facts giving rise to both the appeals and
submissions extended by the parties in each of the matters are
narrated distinctively in the following paragraphs:
4. Criminal Appeal No. 1358/2024
4.1 In the instant case, the accused-respondents were working as
police officers in the Governorpeta Police Station, Vijayawada.
The appellant herein is the original complainant and the paternal
aunt of K. Srinivasa Rao @ Budda Santhan (hereinafter referred
to as ‘the deceased’). It was alleged by the complainant that the
Accused No. 1, the then Commissioner of Police, Vijayawada,
without conducting any enquiry, declared before the press that
the deceased and another person are responsible for the killing
of one Edupuganti Satyanarayana of Telugu Desam Party,
which took place on 09.07.2002. The deceased was declared
as a rowdy sheeter by the Accused No. 1 and on 13.07.2002,
the Accused No. 1, after holding the press conference,
paraded the deceased and two other persons as murderers of
Satyanarayana. Soon after the press conference, they were
produced before the concerned Magistrate who took them in
judicial custody and directed the accused persons to produce
them before the Magistrate on 15.07.2002. The accused persons
kept the deceased and others in police lock-up and at around
8.00 p.m. on 13.07.2002, the Accused No. 5, i.e. the ASI of
Governorpeta Police Station, Vijayawada, went to the house
[2024] 8 S.C.R. 1691
Basamsetti Rama Devi v. The State of A.P. & Ors.
of the deceased and obtained the signatures of the mother of
the deceased on blank papers.
4.2 Thereafter, on the morning of 14.07.2002, at around 5.30 a.m.,
the Accused No. 5 came to the house of the deceased and
informed his kith and kin that the deceased was shot dead by
the police and his body was in a Government Hospital. The
appellant-complainant, mother and sister of the deceased rushed
to the hospital and found that the body of the deceased had
two bullet injuries, one on the head and the other on the chest
of the deceased.
4.3 Subsequently, the appellant-complainant filed a private complaint
before the V Metropolitan Magistrate, Vijayawada under Sections
190 and 200 of Criminal Procedure Code, 19731 against the
then Commissioner of Police, Vijayawada (A1), Assistant
Commissioner of Police, Vijayawada (A2), Sub-Inspector of
police, Governorpeta Police Station (A3), Sentry (A4), and the
ASI of Governorpeta Police Station (A5) under Sections 302,
201, 149, 120B read with Section 34 of the Indian Penal Code,
18602. Upon filing of abovesaid complaint, the III Metropolitan
Magistrate, Vijayawada in CF No. 10113 of 2002 in P.R.C. No.
13 of 2003 vide its order dated 02.05.2003, took the case on
the file against all the accused persons for the offences under
Sections 302, 201,149,120B read with Section 34 of IPC, got
issued non-bailable warrants against the accused persons and
directed the DGP to execute the said warrants.
4.4 Aggrieved by the above order, A1 and A2 filed a Revision Case
before the High Court, being Crl. R.C. No. 699 and 700 of
2003. The High Court, vide an order dated 27.05.2003, granted
an interim stay on all the proceedings in C.F. No. 10113 of
2002 in P.R.C. No. 13 of 2003. Subsequently, the High Court,
while disposing both the Revision Petitions, vide its order
dated 21.04.2006, had confirmed the cognizance order dated
02.05.2003 against A2 but set it aside against A1, as no prima
facie case was found to be made against A1.
1 Cr.P.C.
2 IPC
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4.5 Consequently, the 1st Additional CMM, Vijayawada passed
a committal order dated 01.12.2006, thereby committing the
case to the Court of Sessions, Vijayawada under Section
209(a) of Cr.P.C., against A2 to A5. This order of committal was
challenged by A3 by preferring Revision Petition being Crl. R.P.
29 of 2007. Similarly, against the said committal order, A4 and
A5 also preferred Crl. R.C. No. 656 of 2007.
4.6 The High Court, in the above-said Revision Petition No. 656
of 2007, vide order dated 13.06.2007, granted an interim stay
on the proceedings.
4.7 In the meanwhile, the appellant-complainant had preferred
SLP No. 451 of 2007 before this Court against the order
dated 21.04.2006. This Court passed an interim order dated
21.07.2008 directing the Central Bureau of Investigation3 officials
to conduct an enquiry considering the allegations made by the
appellant-complainant. Accordingly, the CBI investigated into the
death of the deceased, involvement of A1 in that case and filed
a report before this Court. Based upon the report submitted by
the CBI, this Court, vide order dated 04.08.2009, refused to
interfere with the order passed by the High Court in Crl. R.C.
699 and 700 of 2003 dated 21.04.2006.
4.8 It was also stated by the appellant that she came to know about
the CBI report for the first time in 2011 through print media
and, consequently, filed a petition before the Court of the Ist
Metropolitan Magistrate at Vijayawada seeking a copy of the
report to enable her to file her objection.
4.9 The High Court, vide the impugned order, allowed Crl. R.C. No.
656 of 2007 filed by the accused-respondents being A4 and
A5, and set aside the committal order dated 01.02.2006 passed
by the Magistrate in taking cognizance of offence against the
respondents in P.R.C. No. 13 of 2003. The High Court held
that the earlier investigations conducted by the officials of CID,
RCIU, Vijayawada and re-confirmed by the CBI clinchingly
establish that the occurrence took place in exercise of right of
self-defence, and thus revision stood allowed.
3 CBI
[2024] 8 S.C.R. 1693
Basamsetti Rama Devi v. The State of A.P. & Ors.
4.10 Aggrieved by the impugned order passed by the High Court,
the complainant-appellant is before us.
4.11 We have heard the learned counsel for the parties and perused
the material on record.
4.12 The learned counsel for the appellant submitted that the High
Court failed to apply its judicious mind to the facts of the
present case while dismissing it without even considering the
individual facts of the appellant’s case. It was further contended
that the Addl. Chief Metropolitan Magistrate had, on a proper
appreciation of evidence and on evaluation of the statement
of witnesses, rightly formed a prima facie case against A4 &
A5 which ought not to be quashed by the High Court at this
stage. The appellant also submitted that the accused-police
officials killed the deceased while he was in judicial custody
in order to suppress the truth about the murder of Edupuganti
Satyanarayana of Telugu Desam Party and to protect the real
culprits behind the killing. Lastly, the appellant had pleaded
that a proper trial ought to have been conducted to uncover
the truth wherein the ground of self-defence which has been
adopted by the accused persons could have been assessed
based on evidence and witness statements, and therefore, the
High Court’s interference with the FIR at the threshold was
highly unwarranted.
4.13 Before moving to the respondents’ arguments before us, we find
it pertinent to recount herein the chain of events which led to the
killing of the deceased as per the accused-police officials and
the same have been submitted by them before the investigating
agency, i.e. the CBI. It was claimed by the Sub-Inspector of
Police (A3) that at about 03.00 am on 14.07.2002, A3 had taken
the deceased K. Srinivasa Rao from the lock up to elicit more
information about the murder of Edupuganti Satyanarayana. It
was alleged that while A3 was questioning the deceased, the
deceased snatched the Service Revolver of A3 which was kept
on the table and fired two rounds at A3. Then as per orders
of A3, A4 fired two rounds from his 303 Rifle on the deceased
to save A3 and resultantly, the deceased died of the injuries
sustained due to the firing.
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4.14 As such, it has been pleaded by the accused-respondents that
the deceased person was killed in the police firing in an act of
self-defence. The said act being committed in due discharge of
their official duty as public servants and in exercise of the right
of private defence, the Magistrate was barred under law from
taking cognizance of the alleged offence without there being
any prior sanction from the competent authority as contemplated
under Section 197 of Cr.P.C.
4.15 Further, it was submitted that the complainant is not an
eye-witness to the alleged case of fake encounter and the CBI,
in its final report, had conclusively observed that occurrence
took place in exercise of right of self-defence, therefore, the
High Court had rightly allowed the revision petition and set aside
the committal order against accused-respondents.
5. Criminal Appeal No. 1359/2024
5.1 In this matter as well, the accused-respondents were working as
police officers in Vijayawada at the time of the alleged incident.
The appellant herein is the original complainant and sister of V.
Durga Prasad @ Pilli Durga Prasad (hereinafter referred to as
‘the deceased’). It was alleged in the written complaint filed by
the complainant under Sections 190 and 200 of the Criminal
Procedure Code, 1973 (‘Cr.P.C.’, hereinafter) before the Court of
III Metropolitan Magistrate, Vijayawada that her brother, Durga
Prasad (the deceased), was shown as an accused in Cr. No.
75 of 2001 under Section 302 of IPC before Vuyyuru Police
Station and also in Cr. No. 165 of 2001 under Section 302 of
IPC before Machavaram Police Station. It was alleged that in
both these cases, the police vigorously tried to take forcible
confessional statements from the deceased and as a part of it, on
14.05.2002, Krishnashila Police took away the appellant’s father
and the younger brother i.e. one Naveen to the police station
and wrongly confined them. As a consequence, the deceased,
apprehending danger to his own and his family members’ life,
decided to surrender before police on his counsel’s advice.
5.2 Thereafter, on 15.05.2002, the deceased was taken into police
custody and was taken to Machavaram Police Station, and his
father and brother were consequently released. The deceased
[2024] 8 S.C.R. 1695
Basamsetti Rama Devi v. The State of A.P. & Ors.
was produced before the Magistrate for judicial remand in Cr.
No. 75 of 2001 of Vuyyuru Police Station and he was remanded
to judicial custody at Gannavaram sub-jail. Subsequently, the
Accused No. 2, i.e. the Sub-Inspector of Police, Machavaram
Police Station, moved an application for Prisoner in Transit (P.T.)
warrant against the deceased under Section 267 of Cr.P.C.
which was issued by the Court on 28.05.2002. The deceased
was accordingly remanded for judicial custody to District Jail,
Vijayawada in relation to Cr. No. 165 of 2002 of Machavaram
Police Station.
5.3 The Accused No. 2 had also filed the memo for requisition
under Section 167(3) of Cr.P.C. seeking police custody which
was granted by order dated 03.06.2002 and the deceased
was permitted to be taken to police custody for two days on
04.06.2002 and 05.06.2002. Earlier on 31.05.2002, when
the brother of the deceased Naveen had visited him in jail,
the deceased had shared his apprehension regarding being
physically tortured by the police officials. It was further alleged
that at around 9.30 p.m. on 05.06.2002, the Accused No. 2
along with the police constables (Accused Nos. 4 and 6) came
to the appellant’s house and enquired about the whereabouts
of the deceased under the pretext of search.
5.4 On the morning of 06.06.2002, news was flashed to the media
by the police officials stating that the deceased has escaped
from Machavaram Police Station while he was being taken to
attend nature’s call and that a search has been launched to
find the deceased after registering a case in Crime No. 444
of 2002 under Section 224 of the IPC against the deceased.
However, at around 6 a.m. on 08.06.2002, the Accused No.
5, who was working as a Police Constable at Machavaram
Police Station, informed the family members of the appellant
that the police have killed the deceased and have thrown his
body near Gunadala Railway Track. The appellant along with
her family members rushed to the spot and found the body of
the deceased lying near a shed in the fields. There were no
blood stains found at the spot but there were multiple bullet
injuries on the body of the deceased – one on the left side of
the chest below the level of the rib, one on the right side of
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the back of the chest and another on the back of the left side
of chest and an abrasion on the root of the nose. The M.R.O.
and other Revenue Officials visited the spot and recorded the
statements from the appellant and other family members.
5.5 Thereafter, the appellant, with assistance from the Bezawada Bar
Association and Human Rights Forum, filed the said complaint
dated 10.12.2002 before the Court of III Metropolitan Magistrate,
Vijayawada against the Commissioner of Police, Vijayawada
(A1), Sub-Inspector of Police, Thotalavalluru Police Station,
Thotalavalluru Vuyyuru Mandal (A2), North Circle Inspector,
Satyanarayanapuram, Vijayawada (A3), Head Constable,
Machavaram Police Station (A4), Police Constable, Machavaram
Police Station (A5) and another Police Constable, Machavaram
Police Station (A6) under Sections 302, 201, 149, 120B read
with 34 of IPC alleging that the deceased was tortured by the
accused persons in long periods of wrongful detentions and
eventually killed him. They created a fake encounter story to
evade criminal liability.
5.6 The Addl. Chief Metropolitan Magistrate, vide order dated
09.12.2005 passed in C.F. No. 4313 of 2003, took the case on
file against A2 and A4 to A6 for the offences under Sections
302, 201, 120B read with 34 of IPC as prima facie case was
found to be made against them and dismissed the complaint
against A1 and A3. Being aggrieved by the order passed by the
Magistrate refusing to take cognizance against A1 and A3, the
appellant had filed a Revision Petition being Crl. Rev. Petition
No. 88 of 2006 before the Court of Sessions, Metropolitan
Division, Vijayawada which was dismissed vide order dated
06.11.2006.
5.7 After the Magistrate took cognizance of the offence and
committed the case to Sessions Court for trial, A2 filed a Crl.
M.P. No. 567 in P.R.C. 10 of 2005 for dismissing the complaint
as the offence had taken place while discharging the official
duties. The said application was dismissed by the Magistrate
vide order dated 24.01.2007 against which A2 had also preferred
a Criminal Revision Case being Crl. R.C. No. 377 of 2007
which was dismissed by the High Court as well, while granting
the liberty to file an application at the time of framing charges.
[2024] 8 S.C.R. 1697
Basamsetti Rama Devi v. The State of A.P. & Ors.
5.8 In the meanwhile, on a complaint by the Bezwada Bar
Association and National Human Rights Commission, New Delhi,
the investigation of the matter was handed over to CID which
submitted its final report dated 31.07.2008 on 11.08.2008 to the
Court of III Metropolitan Magistrate, Vijayawada. Additionally,
since A4 had not attended the court proceedings and non-
bailable warrants were pending against him since a long time,
the case was split up against him and renumbered as P.R.C. 39
of 2008 as against A2, A5 and A6. The case was re-committed
to the Court of Sessions as S.C. No. 248 of 2008 on the file
of VII Addl. District and Sessions Judge (Fast Track Court),
Vijayawada. At the stage of framing of charges, A2, A5 and
A6 again preferred Crl. M.P. No. 174, 106 and 140 of 2009
respectively seeking discharge from the charges. However,
the Sessions Judge, vide order dated 15.07.2009, dismissed
all these petitions while observing that after considering the
broad probabilities of the case, total facts of the evidence and
documents produced before the court, the Petitioners therein
(A2, A4 and A6) were not entitled for discharge.
5.9 Aggrieved by the order dated 15.07.2009, A2, A5 and A6 filed
Revision Petition being Crl. R.C. No. 1402 of 2009 before the
High Court along with Crl. M.P. No. 1928 of 2009 seeking stay
of all further proceedings.
5.10 The High Court, vide the impugned order allowed the Crl. R.C.
No. 1402 of 2009 and set aside the order dated 15.07.2009
passed by the VII Addl. District and Sessions Judge (Fast Track
Court), Vijayawada and accordingly allowed the Crl. M.P. No.
174, 106 and 140 of 2009, effectively discharging the accused-
respondents from the charges. The High Court held that the
earlier investigations conducted by the officials of CID, RCIU,
Vijayawada and re-confirmed by the CBI clinchingly establish that
the occurrence took place in exercise of right of self-defence,
and thus revision stood allowed.
5.11 Aggrieved by the impugned order passed by the High Court,
the complainant-appellant is before us.
5.12 We have heard the learned counsel for the parties and perused
the material on record.
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5.13 The learned counsel for the appellant submitted that the
impugned order has been passed erroneously and the High
Court ought to have considered that at the time of framing
the charges, no meticulous scrutiny is required and a strong
suspicion of commission of offence alone is sufficient. It was
contended that both the Courts below the High Court had
found that there is a prima facie case against A2 and A4 to A6
after appreciating all the witnesses and documents thoroughly,
therefore the case deserved to be tried and should not have
been quashed at the outset, especially when the charges are
such grave in nature. Since, the High Court in the impugned
order had observed that there were no eye-witnesses to the
case, it was also submitted by the appellant that one cannot
expect the direct witnesses to the occurrence which took
place at midnight in the outskirts of the city and such a ground
alone did not warrant discharge of the accused-respondents
altogether. There were also multiple loopholes pointed out by
the appellant in the story put forth by the police officials, which
we find unnecessary to delve into at this stage.
5.14 However, before moving to the arguments submitted by the
respondents, we find it pertinent to produce the version of
events put forth by the respondent-police officials leading to the
alleged encounter. It was alleged that while the police officials
were interrogating V. Durga Prasad in the Machavaram Police
Station on 05.06.2002, he was taken out from the police lock-up
for answering nature’s call at around 04.30 a.m. and he escaped
from the police station by pushing Sentry Police Constable on
duty aside. Thereafter, a search party was constituted to find
him and in response to information received at 11.30 p.m. on
07.06.2002, S.I. Ratna Raju (A2) along with three constables
(A4 to A6) rushed and stopped their jeep at the Deaf and Dumb
School in Gunadala. The police officials put their torches and
found two persons taking liquor in the nearby fields. When the
police party enquired about the identity about the said persons,
one of them took to heels but the other person attacked the
S.I. (A2) with an 8-inch knife and began to run away. The S.I.
alerted the constables to go back and fired two rounds at the
fleeing person, while also searching for the first person who
had fled the scene. The person who fell on the ground after
[2024] 8 S.C.R. 1699
Basamsetti Rama Devi v. The State of A.P. & Ors.
such firing was later identified by the police officials as V. Durga
Prasad (the deceased).
5.15 As such, it has been submitted by the accused-respondents
that the High Court has rightly passed the impugned order
as the dispute pertaining to the death of the deceased was
well settled by the reports of the two investigating agencies
by holding the case of self-defence. It was further submitted
that the complaint was filed by the appellant only six months
after the death of the deceased and that there was no proper
explanation for such inordinate delay.
5.16 The main contention of the respondents hinged on the submission
that A2 opened the fire in order to protect himself as he had
already suffered injuries at the hands of the deceased and he
was left with no other alternative except to execute the right of
private defence. It was claimed that it was only later that the
accused-respondents identified the deceased as the accused
who fled away from the police station, thereby establishing
that there was no motive or intention of the accused persons
to kill the deceased.
6. Having culled out the facts of both the cases in sufficient detail, it is
clear that the instant appellants herein are aggrieved by the setting
aside of committal order against the respondents and discharge of
the accused-respondents in the respective cases by the High Court
and thereby, effectively letting the accused-respondents go scot-free
without even being put through a trial, let alone a fair one.
7. The facts of the cases clearly reflect how the accused-respondents
have attempted to avail every opportunity to seek discharge and the
said plea was heeded to by the High Court in the revision petitions.
8. The High Court, while passing the impugned order, has wholly and
solely relied on the reports of the investigating agencies and concluded
that the complainant has only been able to establish to the extent
that the deceased was taken away by the accused-police officials in
connection with a crime committed by him. Further, the High Court
opined that the dispute regarding the factum of the death of the
deceased at the hands of the accused persons was sought to be
settled in the light of investigation reports of CID and CBI and plainly
held that the occurrence took place in exercise of right of self-defence.
1700 [2024] 8 S.C.R.
Digital Supreme Court Reports
9. To say the least, we are dejected with the approach taken up by
the High Court in allowing the revision petitions. It seems that while
conclusively asserting that the occurrence took place in the exercise
of right of self-defence, the High Court has glaringly lost sight of the
fact that it was deciding petitions under Section 482 of Cr.P.C. to set
aside the committal order and grant discharge in respective matters,
and not carrying a full-fledged trial so as to conclusively establish
the cause of the incident itself.
10. The scope of powers of a High Court when dealing with such
matters effectively seeking quashing under Section 482 of Cr.P.C.
is well-settled and the underlying principle of law that goes into
consideration is precisely to assess whether at a prima facie view
of the allegations, a cognizable offence is made out or not. Going
by the farthest stretch or even the most flexible interpretation of
the principles involved in deciding a quashing petition, we fail to
see how it can be implied that an offence warranting trial is not
made out in the given set of facts and circumstances. How can the
plea of self-defence be accepted at face-value by the High Court
without having to meticulously prove it during the trial is beyond any
logical comprehension that can be drawn by this Court. It cannot
be emphasised enough that a plea of self-defence cannot be taken
lightly, especially in a grave incident of custodial death, that too in
such compelling circumstances. The grounds of defence that are
adopted by the accused persons are a matter of trial which ought
to be explained and proven in due course of proceedings while
following the strict rules of evidence and criminal procedure. The
High Court, at the stage of deciding petitions under Section 482
of Cr.P.C. seeking quashing was expected to exercise restraint
and not delve into the questions that are to be decided during a
criminal trial.
11. We are completely cognizant of the seriousness of the matter, the
allegations levied and how even a single incidence of custodial
murder is enough to cast an ugly red blotch on the tapestry of
human rights and civil liberties that this judicial institution seeks
to preserve. It is in light of such conscience that we cannot let the
instant matter involving right to life and a fair trial be treated leniently
and are thus, appalled by the High Court’s decision in letting the
accused-respondents go scot-free. A failure to accord a fair trial in
[2024] 8 S.C.R. 1701
Basamsetti Rama Devi v. The State of A.P. & Ors.
the present case shall irreparably shake the public conscience and
sense of justice that form the bedrock of a civilized democracy like
ours. The spine-chilling incidents took place more than two decades
ago and it is high time already that the dawn of justice sheds some
light and a sincere attempt is made to unshroud the reality behind
such unfortunate events.
12. In light of the above observations, we have no qualm in holding that
the present matters did not at all warrant discharge or setting aside
of committal order by the High Court. We, however, refrain from
making any further observations on the merits of the case at this
stage of the proceedings as the trial is yet to be taken to a logical
end. Suffice it to say that in the facts and circumstances of the case,
the High Court has committed a grave error in quashing and setting
aside the criminal proceedings arising out of PRC No. 13 of 2003 on
the file of Ld. I Additional Chief Metropolitan Magistrate, Vijayawada
as well as S.C. No. 248 of 2008 on the file of VII Addl. District and
Sessions Judge (Fast Track Court), Vijayawada.
13. Accordingly, the appeals are allowed and the impugned order is set
aside. The matters are remanded back to the respective Trial Courts
for trial to resume from the stage where it was left at the time the
impugned order was passed. We also hereby direct the respective
Trial Courts to conduct the trial expeditiously and conclude it within
the period of one year from the date this order is placed before it.
It must be ensured that the said trial is not an empty formality or
mere reproduction of the reports of the investigation agency. We
hereby issue strict directions that the prosecuting agency is to
ensure that the evidence is led properly and in time and it is crucial
that the Trial Courts to make an honest endeavor to uncover the
truth and effectively achieve ends of the criminal justice system. At
this juncture, it would not be out of place to recall the wise words of
Baron de Montesquieu who said:
“There is no tyranny crueller than that which is perpetuated
under the shield of law and in the name of justice.”
We hope that the above directions sound a clarion call to all the
stakeholders involved in the trial for demonstrating utmost diligence,
sensitivity and seriousness in the pending trial and remedy any wrong
that might have taken place.
1702 [2024] 8 S.C.R.
Digital Supreme Court Reports
14. As such, the proceedings in P.R.C. No. 13 of 2003 are restored to
the file of Ld. I Additional Chief Metropolitan Magistrate, Vijayawada.
Similarly, the proceedings in S.C. No. 248 of 2008 are restored to
the file of VII Addl. District and Sessions Judge (Fast Track Court),
Vijayawada.
15. Pending application(s), if any, shall stand disposed of.
Result of the case: Appeals allowed.
†
Headnotes prepared by: Divya Pandey
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