Delhi Court Quashes FIR Order Against Cop, Doctor in Custodial Torture Case

New Delhi, May 21 — A Delhi court on Tuesday set aside prosecution proceedings against a Delhi Police inspector and a government hospital doctor in a case of alleged custodial torture and its subsequent cover-up involving an undertrial.

Additional Sessions Judge (ASJ) Kiran Gupta of Patiala House Courts passed a nine-page order, overturning an April directive from a magistrate that had ordered the registration of an FIR against Inspector Sumit Kumar, posted at IGI Airport Police Station, and Dr. Aman Gehlot, a resident doctor at Indira Gandhi Hospital.

“The magistrate, without considering the inquiry report and the Medical Board’s findings, proceeded to order an FIR against the petitioners by taking the accused’s submissions at face value,” the court noted in its ruling. It also stated that the magistrate failed to properly assess the age and nature of the injuries before ordering the FIR.

The case pertains to Nishit Patel, arrested on April 4 by Delhi Police from Kathmandu on charges of passport forgery for travel to Portugal and the UK. He later alleged before a magistrate that he was physically assaulted in police custody.

On April 8, the magistrate had observed that the inspector was prima facie involved in causing injuries to Patel, while the doctor allegedly omitted these from the Medico-Legal Certificate (MLC). An FIR against both was ordered within 24 hours, alongside a probe into other officials’ roles.

Inspector Kumar challenged the order in a revision petition before the Sessions Court.

In her ruling, ASJ Gupta held that no offence was made out against the inspector as CCTV footage did not show him assaulting the accused, nor did Patel name Kumar as an assailant. The court also cited Patel’s earlier statement attributing his injuries to a scuffle days before his arrest.

The judge further noted discrepancies in medical records — while an AIIMS medical board report confirmed Patel had injuries on his foot, arms, and shoulders, an earlier MLC had found no visible injuries. However, Patel had reportedly refused a timely examination by the AIIMS panel.

Although the magistrate had earlier directed the lodging of FIRs under Bharatiya Nyaya Sanhita (BNS) sections 117 (voluntarily causing grievous hurt), 119 (causing hurt to extort property or coerce an act), 126 (wrongful restraint) against Kumar, and sections including 256 (public servant framing incorrect records) against Dr. Gehlot, the Sessions Court quashed these proceedings.

The judge also set aside the directive for a separate inquiry by the Delhi Medical Council against the doctor.