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CDJ 2026 Utt HC 073
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| Court : High Court of Uttarakhand |
| Case No : WPCRL. No. 1279 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE ALOK MAHRA |
| Parties : Laxmi Versus State Of Uttarakhand |
| Appearing Advocates : For the Petitioner: Unnati Pant, Advocate. For the Respondent: S.C. Dumka, Akshay Latwal, Prabhat Kandpal, A.G.A., Nikhil Bisht, Brief Holder. |
| Date of Judgment : 07-07-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
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2. Catch Words:
- Illegal detention
- Custodial violence
- Third‑degree methods
- Injuries (fracture, nail injury)
- Police interrogation
- Medical negligence
- Judicial scrutiny
3. Summary:
The petitioner alleges that her son, Akash Kumar, was illegally detained by police at Transit Camp, Rudrapur from 14 June to 17 June 2026 and subjected to custodial violence, resulting in severe injuries including a fractured ankle and torn toenails. She further claims the police failed to provide the FIR or medical records after his discharge from J.L.N. District Government Hospital. The State contends that the son was merely interrogated in connection with a theft case and denies any physical assault. The Court, after reviewing photographs and medical documents, finds the allegations prima facie serious and orders the police to produce original General Diary entries and CCTV footage, and to appear before the Court on 8 July 2026. The Chief Medical Officer is directed to admit the petitioner’s son for proper treatment and to appear via video conferencing on the same date.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. Ms. Unnati Pant, Advocate for the petitioner.
Mr. S.C. Dumka, Mr. Akshay Latwal, Mr. Prabhat Kandpal, A.G.A. and Mr. Nikhil Bisht, Brief Holder for the State of Uttarakhand.
2. In the present writ petition, it has been alleged that the petitioner's son, namely, Akash Kumar, was taken by the police personnel to Police Station Transit Camp, Rudrapur, District Udham Singh Nagar at about 05:00 p.m. on 14.06.2026 and was allegedly kept in illegal custody till about 07:00 p.m. on 15.06.2026, whereafter he was released. It is further alleged that on 16.06.2026, a police official telephonically contacted the petitioner and directed her to send her son to the aforesaid Police Station for the purpose of interrogation. Accordingly, the petitioner's son again appeared before the Police Station at about 10:00 a.m. on 16.06.2026 and was released only on the morning of 17.06.2026 at about 10:20 a.m.
3. It is the specific case of the petitioner that, during the aforesaid period, her son was subjected to custodial violence and third- degree methods by the police personnel. It is alleged that the nails of his feet were partially pulled out, resulting in severe injuries. It is further averred that, as per the X-ray report, he sustained a fracture in his ankle and is unable to stand on his own. The petitioner has further stated that her son was admitted to J.L.N. District Government Hospital, Rudrapur, District Udham Singh Nagar on 17.06.2026 and was discharged after two days without any justifiable reason. According to the petitioner, neither the treatment papers nor the discharge summary or any other medical records were supplied to her by the hospital authorities. It has also been averred that when the petitioner enquired from the police personnel regarding the basis of her son's detention and sought a copy of the complaint/F.I.R. pursuant to which he had been detained, no such document was furnished to her.
4. The allegations levelled in the writ petition, if found to be true, disclose an extremely serious matter involving alleged illegal detention and custodial violence by the police authorities, warranting immediate judicial scrutiny.
5. Learned State Counsel, on instructions, submits that a complaint regarding the theft of a gold chain belonging to the owner of a car showroom, where the petitioner's son was employed, was received at Police Station Transit Camp at about 18:21 hours on 14.06.2026. It is submitted that pursuant thereto, the petitioner's son, Akash Kumar, along with his colleague, Akhilesh Shrivastava, was called to the Police Station for interrogation. Since both of them denied their involvement, they were permitted to return to their homes on the same day and were directed to appear again on the following day. It is further submitted that upon examination of the CCTV footage installed at the service centre, the involvement of both Akash Kumar and Akhilesh Shrivastava in the alleged offence came to light. However, despite further interrogation, they did not admit their guilt and were thereafter handed over to their respective parents with an assurance that they would cooperate in the investigation. It is specifically denied that any physical assault, coercion or third-degree methods were employed during the course of interrogation. The written instructions furnished by the learned State Counsel are taken on record.
6. Having considered the rival submissions and upon perusal of the material brought on record, particularly the photographs and medical documents, this Court prima facie finds that the injuries allegedly sustained by the petitioner's son, including partially broken toe nails and a fracture in the ankle, require a thorough judicial examination. In the event such injuries were sustained while the petitioner's son was in police custody, the matter would involve grave violations of the constitutional and human rights guaranteed under law.
7. Accordingly, in order to ascertain the true facts, the In-charge, Police Station Transit Camp, Rudrapur, District Udham Singh Nagar, is directed to produce before this Court the original General Diary (G.D.) entries pertaining to the period from 14.06.2026 to 17.06.2026. He shall also produce the complete CCTV footage of the Police Station covering the aforesaid period, particularly the areas where the petitioner's son is alleged to have been kept and interrogated. The In- charge of the aforesaid Police Station shall remain personally present before this Court on 08.07.2026 along with the aforesaid original records and CCTV footage.
8. Since it has further been alleged that the petitioner's son was discharged from J.L.N. District Government Hospital, Rudrapur within two days without adequate treatment and without furnishing any treatment records or discharge summary to the petitioner, the Chief Medical Officer, Udham Singh Nagar is directed to get the son of the petitioner admitted in Government Hospital, Rudrapur forthwith and provide him best treatment, which he requires. The Chief Medical Officer, Rudrapur is directed to be present before this Court through Video Conferencing on 08.07.2026.
9. List on 08.07.2026.
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