VidhiSangh

Supreme Court of India · 07/08/2024

BASAMSETTI RAMA DEVI versus THE STATE OF A.P. & ORS.

[2024] 8 S.C.R. 1687 · 2024 INSC 1055

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Summary

In two complaints of custodial killing by police officers in Vijayawada in 2002, the High Court had set aside a committal order and discharged the accused, accepting the CID and CBI reports that the police fired in self-defence. The Supreme Court held that self-defence is a matter to be proved at trial and cannot be accepted at face value at the quashing stage. It restored both prosecutions and directed the trial courts to conclude the trials within one year.

Issues

  1. Whether the High Court, while exercising its quashing and revisional jurisdiction, could set aside a committal order and discharge police officers accused of custodial killing by accepting their plea of self-defence on the basis of investigation reports.
  2. Whether the allegations disclosed offences warranting trial.

Provisions considered

Held

Result

Appeals allowed; common High Court order set aside; proceedings in P.R.C. No. 13 of 2003 and S.C. No. 248 of 2008 restored to the respective trial courts to resume from the stage reached, with directions to conclude the trials within one year; no further observations on merits.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 1687.