A was assaultedby B by night in his home by forcible entry on 15.5.2013. A and B sustained injuries. Police took A to Govt Hospital then itself. B was called out of his house 1 hours later and under the pretext of taking to hospital took him under police custody and did not get medical examination conducted till the third day(17.5.2013). By third day lot of bumps might even disappear and may not come in medical report and also the guess of Doctor about the injury time also become erroneous. The police had the malafide intention that the injury should not come in the medical examination, so they delayed it. As per the CrPC as amended in 2008, (54. Examination of arrested person by medical officer. — (1) When any person is arrested, he shall be examined by a medical officer in the service of Central or State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. (2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. (3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.”. ) To my mind, to help the party B, the police did not get conducted medical examination and disobeyed the direction of law contained in section 54 CrPC. while B was medically examined in a separate hospital. A filed case under IPC 143, 323, 354 and 452 while B filed a case under IPC 341, 323, 354, 143. B and his members were medically examined on the same day 15.5.2013 while A and his members of family were medically examined only on 17.5.2013 with the malafide intention of police to wait for disappearance of medical evidence.
Q1. Can a police be sued for this under Section 166A of IPC or any other section? If so what is the procedure? and justification for delay in such case.
Police took A into custody after almost 1 hour later after calling him out from his house while accusing him that he was shouting louding and challenging B and threatening to attack B and kill. The whole village was witness that this was totally false.
Q2. Can, with the help of collecting statements of villagers on affidavit to this effect that what police stated for arrest was false, police be sued for abuse of power to arrest? if yes, please clarify under what sections and where to file the report for this i.e. in the court or police station? Please reply early. Thanks
