Court orders probe into custodial irregularities by police in celebratory firing case
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Panchkula: In a case involving celebratory firing and alleged custodial misconduct, the sub-divisional judicial magistrate (SDJM) of Kalka, Abhimanyu Rajput, has directed the police commissioner to initiate a departmental inquiry and submit an action-taken report.
The court's intervention follows serious procedural lapses in the investigation and treatment of the accused.
The case surfaced after a video circulated on social media showed 18-year-old Parvesh Sharma allegedly firing a weapon during panchayat election celebrations on the night of June 16-17. He was booked under Section 288 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 25(9) of the Arms Act, 1959, and later granted bail.
His co-accused, Neeraj, was arrested with a country-made .12-bore "katta," prompting the addition of more serious charges.
However, during the July 18 hearing, the court found that the investigating officer failed to justify the application of Section 27(2) of the Arms Act, which pertains to prohibited arms. Neither the IO nor the SHO could confirm whether the weapon was automatic or military-grade.
Further, Neeraj was not lodged in Central Jail, Ambala, as directed, and alleged custodial assault.
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He was presented in court without a medical exam, and a medico-legal report was only prepared after judicial intervention. The court granted him interim bail on a ₹20,000 personal bond and ordered preservation of CCTV footage from July 15 to 17.
In a related development, Parvesh's counsel, Deepanshu Bansal, revealed that his client suffered four injuries in custody and was re-arrested despite bail. The court termed the arrest illegal and ordered a fresh medical examination.
The court has also directed that allegations of custodial torture be reported to the sessions judge, in line with a 2019 Punjab and Haryana High Court directive.
BOX:
Injuries to the accused
Quoting the court-ordered medical report, Deepanshu Bansal, counsel for Parvesh (18), stated that he suffered four injuries in custody. He was re-arrested even after being granted bail. Police said that he was arrested in the same case after some other sections were added. Terming it as an illegal arrest, he was again granted bail, and Panchkula chief medical officer was asked to conduct a medical examination.
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