Factual Background
In the Instant Matter of Rajat Bajpai v. State of UP, a writ petition was submitted by a youngster who claimed that he was assaulted by police over a minor parking on the roadside problem. According to the authorities, the victim was the one who caused the roadblock. He sat down on the road, and when he was hauled to the side of the street to be brought away by a police car, he had injuries from grazing on the asphalt.
Analysis of Court Verdict
The division bench of the Allahabad High Court, composed of Justices Sangeeta Chandra and Narendra Kumar Johari, was not persuaded by the injuries since the bruises did not appear to be brought on by grazing the victim’s skin on the pavement. As a result, the court ordered a medical examination of the victim.
The court saw police footage from a collision that occurred at Chinhat Crossing on July 22, 2023. The victim’s father stated that since his two-wheeler was blocking traffic and was stopped on the road, police officers violently assaulted him. The victim was battered, the court ruled, but the injuries did not appear to be the result of grazing on the road. The victim was ordered to undergo a medical examination by a specialist physician from KGMU, Lucknow, at the direction of the court, which also instructed the Commissioner of Police to send the victim’s case to the Chief Medical Superintendent.
The Additional Advocate General has informed the Court that an investigation into the incident was launched by the Commissioner of Police because the victim had personally sought him via a request. The Court made it clear that it is not interfering with the investigation being carried out by the team assembled by the Commissioner of Police and that the investigation in question must continue. Additionally, it mandated that the findings of such an inquiry be presented to the Court on the following day of listing under a sealed cover. The topic will be discussed again on August 17, 2023.
CASE NAME – Rajat Bajpai v. State of UP, Criminal Misc. Writ Petition No. 5811 of 2023