Indore (Madhya Pradesh): The Indore Bench of Madhya Pradesh High Court has directed police officers and doctors across the State to photograph injuries of victims in criminal cases to ensure transparency and prevent the misuse of minor legal provisions.
The order was issued by Justice Subodh Abhyankar on July 14, during a hearing in the Seetu and Others vs The State of Madhya Pradesh case, where the Court observed that despite grievous injuries suffered by victims, police had registered the case under petty sections of law to facilitate early bail for the accused.
Justice Abhyankar noted a growing trend where police deliberately invoke minor sections such as 294, 321, 503, and 324 of the IPC or equivalent provisions under the Bharatiya Nyaya Sanhita, along with issuing notices under Section 41A of CrPC.
The Court strongly criticised this pattern, calling it a misuse of the Supreme Court's ruling in Arnesh Kumar vs State of Bihar, which was meant to safeguard individual liberty, not enable manipulation of justice.
In the specific case, when the Court asked for photographs of the injured, it was informed that the victims had suffered serious injuries and were immediately taken to the hospital at night, so photographs were not taken. The Court called this contradictory, questioning why a case of serious injury was registered under minor charges.
To address this issue, the Court directed that in all injury-related cases, both police officers and treating doctors must photograph the injuries to help the Court assess their severity.
The Court said, this would prevent foul play and ensure that appropriate legal sections are applied from the outset.
