The Patna High Court has directed the police to register an FIR against Kamal Nayan Pandey, the former Station House Officer (SHO) of Murar Police Station in Buxar, for allegedly brutally beating a man and breaking both his legs due to his caste. The order came after the police repeatedly refused to file a case despite the victim's written complaints.
What Was the Issue
The complainant, Manish Kumar, stated that on July 4, 2024, he went to a friend's shop to upload land documents online. Around 2 PM, while he stepped away briefly, a police vehicle arrived. SHO Kamal Nayan Pandey questioned him and, upon learning Kumar's caste, allegedly abused him and beat him with a baton, breaking both his legs.
Kumar wrote to the police station, the Superintendent of Police (SP), and the District Magistrate (DM) requesting an FIR, but no action was taken. He eventually approached the High Court. He submitted an X-ray report confirming the fractures. The SP, Buxar, admitted in his reply that Kumar's legs were broken but claimed it was due to a slip in the rain, not a beating.
What Did the Court Say
Justice Jitendra Kumar rejected the police's version, stating that the X-ray evidence did not support their explanation. He found it hard to believe that a poor man, too scared to complain against an ordinary citizen, would dare to fabricate a story against a police officer.
The court held that the facts clearly pointed to a serious crime by Kamal Nayan Pandey, who was the officer in charge of Murar Police Station at the time. The judge clarified that prosecuting a police officer for such an act does not require special government permission, as beating a citizen is unrelated to official duties.
The judge called it shocking that senior officials like the SP and DM ignored the victim's pleas and remarked that the law applies equally to everyone, regardless of power. He warned that unchecked police brutality could erode public faith in both the police and the courts, comparing it to Nazi Germany.
The court directed Murar police to register the FIR immediately and ordered the Director General of Police (DGP), Bihar, to hand over the investigation to the Crime Investigation Department (CID) since the case involves a police officer. If Kumar is unsatisfied with the CID probe, he can seek a CBI inquiry. The DGP must submit a compliance report within thirty days.
