A software program engineer and his affiliate, who have been accused by the Bengaluru site visitors police of allegedly hitting a policeman and booked for drunken driving within the metropolis in April 2017, have been let off by the Karnataka excessive court docket because the police didn’t observe the prescribed norms for registering drunken driving instances and gathering fines. The court docket order got here on September 6.
Techie Priyamshu Kumar and Alok Kumar, each residents of Bihar, have been booked for stopping a public servant from discharging his obligation and a case was registered by the Mahadevapura police within the Whitefield area of Bengaluru.
On the evening of April 9, 2017, Alok Kumar, who was on a motorbike, was stopped by the police for a breath analyser check. In accordance with the police, the youth didn’t cooperate and didn’t need to go to the police station however as a substitute referred to as his pal Priyamshu Kumar, a software program engineer, who allegedly slapped a policeman.
The police registered a case beneath Part 353 of the Indian Penal Code in opposition to the youth for obstructing a public servant from discharging his obligation.
The duo was let off after the court docket discovered that the police had collected a site visitors advantageous for drunken driving on the spot and had not recorded the entire incident on video, which is in contravention of a 2015 round of the police division.
The excessive court docket famous that as per a state round dated September 25, 2015, which lays down the process for the police to take care of drunken driving instances in Bengaluru, solely the courts are “approved to determine the advantageous quantity and not at all advantageous quantity may be collected by the site visitors police”.
The court docket additionally famous, “Additional, checking exercise has not been videographed. It’s also related to see that if an individual tries to bodily assault the police, he ought to be restrained and the jurisdictional police ought to be referred to as to the spot to take custody of the mentioned particular person.”
“Within the current case, not one of the procedures have been adopted whereas apprehending the accused. Furthermore, as already famous, there are not any impartial witnesses, whose statements are recorded, although it’s particularly acknowledged within the criticism that the general public helped the police in apprehending the accused,” the excessive court docket mentioned.
“…although the prosecution has tried to reveal that the petitioners have tried to stop the primary informant (police officer) from discharging his obligation and used legal power and many others, however for the explanations talked about above, I’ve no hesitation to carry that the substances of the offense alleged should not made out,” Justice Mohammed Nawaz dominated.
As per a authorities round of 2015 on coping with drunken driving instances, the police ought to “politely inform” the detainee about “the offense he has dedicated by displaying him the Alcometer studying”. “The particular person can be knowledgeable about procedures adopted and that the Hon’ble Court docket is the authority that decides the advantageous quantity,” says the round.
The round additionally says, “If any particular person tries to misbehave or abuses the police, the officer mustn’t lose his cool and bask in arguments with the particular person.”
“It’s to be understood that an individual inebriated won’t be in his senses and he shall be irritable, argumentative, and abusive. Nonetheless, in case the particular person tries to bodily assault the police, he ought to be restrained and the jurisdictional police ought to be referred to as to the spot to take custody of the particular person and take additional authorized motion within the matter,” says the state round on coping with drunk drivers.