High Court orders FIR against Sandur police inspector for alleged brutal assault

In a significant order reinforcing citizens’ rights and police accountability, the Karnataka High Court has directed the Ballari District Superintendent of Police to register an FIR and conduct a proper investigation against Sandur Police Station Inspector Mahesh Gowda, who has been accused of brutally assaulting a local resident. The order was delivered by Justice M Nagaprasanna while hearing a petition filed by V. Vivekananda of Ballari district, who alleged that the police inspector assaulted him mercilessly and then used his position to prevent the registration of a complaint.

The court strongly criticized the Sandur police for not acting on the victim’s complaint merely because the accused happened to be a police officer. Observing that the law does not permit such discriminatory refusal, the Bench noted that “the identity of the accused cannot determine whether an FIR should be registered.” According to the petition, Vivekananda approached Sandur Police Station on August 28, to file a complaint, but Inspector Mahesh Gowda — who was himself the accused — refused to accept it.

The court noted that despite submitting photographs showing the severity of the assault, the complaint was ignored, and the victim’s family was forced to repeatedly visit the station without any progress. The Bench stressed that every citizen has the right to lodge a complaint in cases involving serious offences, irrespective of who the accused is.

The refusal to register the FIR, the court said, amounted to a violation of the Supreme Court’s Lalita Kumari judgment, which mandates compulsory FIR registration in cognizable offences.

Justice Nagaprasanna firmly stated that when allegations indicate a serious crime, an investigation must be initiated regardless of the accused’s status.

The court observed that the Sandur police’s refusal to register a complaint was “completely illegal” and contrary to established legal principles.

The Bench also directed the Ballari SP to ensure a fair and impartial investigation.

Given the sensitivity of the case, the court authorized the SP to transfer the investigation to any other police station deemed appropriate and to supervise the probe personally.

“This case is of a very specific nature,” the court said, emphasizing the need for independent handling to avoid conflict of interest, since the accused officer belongs to the same

police station where the complaint was initially submitted.