The Allahabad High Court has refused to quash criminal proceedings against four police officials accused of assaulting and robbing a doctor and his companions after a road incident, firmly stating that "police uniform is not a license to assault innocent citizens."

The court dismissed the plea for protection under Section 197 of the Criminal Procedure Code (CrPC), which bars prosecution of public servants for actions done in the discharge of official duty without prior sanction.

The incident took place on June 28, 2022, when Dr. Raghvendra Agnihotri and his staff were returning to Farrukhabad from Kanpur. Following a minor altercation due to a brush with another vehicle, the situation was initially resolved. However, later that night near Khudaganj, the doctor’s car was intercepted by three vehicles carrying several police officials, including Constables Kuldeep Yadav, Sudhir, Dushyant, and Sub-Inspector Animesh Kumar, all attached to the Special Operations Group (SOG), Kannauj.

According to the complaint, the officers fired shots into the air, forcibly pulled the victims into police vehicles, physically assaulted them, and allegedly stole a gold chain along with ₹16,200 in cash. The victims were purportedly held at a police post for over an hour before being released.

Challenging the summoning order issued by a Special Judge for Dacoity-Affected Areas, the accused officers argued that the prosecution could not proceed without prior sanction under Section 197 CrPC, asserting that they were acting in their official capacity.

However, Justice Raj Beer Singh, hearing the matter, found no merit in the claim. The court noted that no General Diary entry or other record indicated the officers were on official duty at the time of the incident. The judge emphasized that firing shots, assaulting citizens, robbing them, and illegally detaining them bore no nexus to any lawful discharge of police duty.

The court referred to the Supreme Court’s ruling in Om Prakash Yadav v. Niranjan Kumar Upadhyay, reiterating that the protection under Section 197 CrPC does not extend to acts committed under the mere "cloak of office" when such acts lack reasonable connection to official responsibilities.

Medical reports substantiated the complaint: Dr. Agnihotri had six injuries, his companion Saumya Dubey sustained four, while two others had three injuries each. The court concluded that there was sufficient prima facie evidence against the accused, and their defenses would be appropriately examined during trial.

Consequently, the court rejected the officers' application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, thereby allowing the criminal proceedings to move forward.

Case Title: Animesh Kumar and 3 Others vs. State of U.P. and Another