Gujarat high court quashes summons against three cops in Surat custodial torture case

Ahmedabad: The Gujarat high court has quashed summons issued by a Surat court against DCP R N Nakum and two police inspectors, R B Gojiya and H B Patel, over a complaint of custodial torture made by three persons before the court.A judicial magistrate first class (JMFC) in Surat initiated an inquiry into the allegations of custodial torture and issued summons to the cops on June 13, 2025, for the offences under Sections 115 and 54 of the Bharatiya Nyaya Sanhita. Before this, the three complainants were medically examined at Civil Hospital, Surat, and an inquiry was initiated following directions from the district judge. The cops challenged the summons, and senior advocate Nirupam Nanavaty argued that Section 223 (2) of BNS mandates that before cognisance is taken against a public servant for acts allegedly committed during official duty, the officer must be given an opportunity to explain the circumstances, and a report must be obtained from a superior officer. This exercise has not been conducted in this case. Justice Gita Gopi stated, "This court finds that the learned magistrate has erred by not following the procedure under the provision of Subsection (2) of Section 223 of the BNSS, 2023." The HC quashed the summons issued against the cops and directed the lower court to undertake the process afresh in accordance with Section 223(2) of BNS.
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