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Supreme Court of India 2017-08-08 allowed

Monica Kumar & Anr vs State of U.P. & Ors

Bench: 2 — A.K. Sikri

In Brief

Monica Kumar and her brother, MBBS students, were brutalized by police in 2009 while serving a court notice, leading to earlier Supreme Court orders for disciplinary action. On 20 December 2011, the same police officials visited their home, threatened them to withdraw cases, slapped them, and filed a false FIR when one used pepper spray in self-defence. The Supreme Court quashed the FIR and charge-sheet, finding the petitioners' version broadly credible. The Court emphasized urgent police reform, directed state protection for the petitioners, and criticized the lenient disciplinary outcome for police misconduct.","A female citizen who uses pepper spray to defend herself against police threatening her to withdraw cases, following prior police brutality, acts within self-defence rights and cannot be prosecuted. Police filing retaliatory cases to pressurize victims must be held accountable, and disciplinary action must be more severe than mere warnings."]

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Police Conduct Abuse of Authority False Prosecution Self-Defence Right to Life Constitutional Law Disciplinary Proceedings Retaliation by Police Protection of Citizens Police Brutality

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