Police Raid - "Abusing, Misbehaving With Kins With Intent To Outrage Woman's Modesty Can't Be Justified": Allahabad High Court

The Allahabad High Court recently observed that there could be no justification for Police in abusing, misbehaving, and assaulting the family members and outraging the modesty of the woman during a raid.

The Bench of Justice Abdul Moin observed thus in a case, wherein it was alleged by a man (Shujaat Ullah) seeking pre-arrest bail that the police personnel had abused, misbehaved, and assaulted the family member of the applicant with intent to outrage the modesty of the applicant's wife and had also destroyed the household articles.

Shujaat Ullah had been accused of attacking the officers and beating up a home guard. Noting that the said averments were not denied in the instructions which were made available to the AGA, the Court remarked:

"The fact of the matter remains that even if a citizen has carried out the activities as have been detailed in the FIR, there cannot be any justification or excuse to the police personnel to indulge in the behaviour as have been detailed in paragraph 9 of the bail application. 

The matter in brief

The Court was hearing an anticipatory bail application filed by the accused applicant booked under Section 395, 397,332,336,353,504, 506, 34 I.P.C, 7 of Criminal Law Amendment Act, 1939 and Section 131, 132 (3), 135- A of Representation of People Act relating to Police Station Kandhai, District Pratapgarh.

As per the FIR, it came out that the applicant, along with several others, had a fight with the presiding officer and others after the election had got over.

In the said incident, the applicant along with others had allegedly attacked the officers and had also beaten up a home guard consequent to which he had fainted. Subsequent thereto, the FIR was lodged.

His counsel had argued that the said FIR was an outcome of a political rivalry that is prevailing in the area. He also contended that even if all the averments made in the FIR were taken at their face value, there couldn't be any occasion for the police authorities making raids to arrest the applicant to indulge in the alleged incident.

The Court directed the State Government to file a counter-affidavit within a week, in the meanwhile, the Court directed that no coercive action shall be taken against the applicant.

Case title - :- Shujaat Ullah v. State Of U.P.Thru.Prin.Secy. Home Lko. & Anr

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