The Telangana High Court has upheld a lower court's decision to clear two Hyderabad police officers in connection with a 2003 encounter case. Justice Juvvadi Sridevi presided over the case, which involved a criminal petition filed by Lateef Mohammed Khan, the original complainant. Khan challenged the Principal Sessions Judge's order in Medak at Sangareddy, which had freed the two officers, P. Sreedhar Reddy (currently an ACP rank officer) and constable N. Gopal.
The case originates from an incident that occurred on the night of May 20-21, 2003, in Zaheerabad. Police officers on patrol received a report of theft occurring in shops. Upon arriving at the scene, they spotted two individuals fleeing. During the ensuing confrontation, one of the fleeing individuals, Mohd. Shafi, allegedly stabbed Constable Gopal, took his rifle, and pointed it at him. In response, Police Officer Sreedhar Reddy fired four rounds, resulting in Shafi's death.
A magisterial inquiry was conducted by the Medak collector in 2004. The inquiry concluded that the firing was an act of self-defense and was not excessive. The High Court concurred, stating that the magistrate had made an error by depending solely on the protest petition without properly taking into account the inquiry report, the CB-CID's closure report, and the available medical evidence.
Justice Sridevi's ruling emphasized that the evidence indicated the firing occurred as an act of private defense while the officers were performing their official duties. The court further noted that Section 197 of the Criminal Procedure Code (CrPC) mandates prior sanction to prosecute public servants for actions connected to their official duty, which was not obtained in this case. The absence of this sanction made the magistrate's cognizance unsustainable. The High Court stated there was no credible basis to proceed with murder charges against the two police officers.
This ruling supports the earlier decision of the revisional court, which had overturned the magistrate's decision to take cognizance against the two police officers. The recent High Court decision effectively ends a legal battle that has lasted for over two decades, providing closure for the involved officers.
