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2006 DIGILAW 1426 (DEL)

COURT ON ITS OWN MOTION v. STATE

2006-08-23

P.K.BHASIN, R.S.SODHI

body2006
( 1 ) WRIT petition Criminal No. 1606/2005 was registered on a suo motu notice being taken by this Court on report of a newspaper item report dated 14. 9. 2005 of 'times of India' where a custodial death had been reported. It was revealed that the deceased was taken into custody on 12. 9. 2005 at around 9. 30 p. m. and found dead on 13. 9. 2005 at around 3. 30 a. m. It was stated that the deceased had committed suicide by hanging himself to the bars of gate of lock-up with his own trouser. The magisterial inquest was held under Section 174, Code of Criminal Procedure. But, we find that no FIR was registered and no investigation undertaken by the police for unnatural death that had occurred in the police lock-up. State Counsel vehemently submits that on the basis of facts disclosed during inquiry by ADM no offence was made out and so no FIR was found necessary. From the photographs that had been filed by the Counsel for the State, we find that the deceased is virtually sitting on the ground while he is alleged to have committed suicide by hanging from the bars of the iron grill of the gate of lock-up. The posture of the deceased and the place where he is seen to be hanging make suicide appear most unnatural. In any event of the matter, in this case the police ought to have at least registered an FIR and proceeded to investigate the matter in accordance with law irrespective of the fact that the Magistrate was also holding an inquiry in which in any case ADM had found that the deceased was brought to police for no good reason. ( 2 ) IN the present case we find that a custodial death, which is unnatural, has taken place and no investigation whatsoever conducted by the police. Merely showing that it is infraction of duty or dereliction of duty for which the police officials are stated to be proceeded against departmentally is of no consequence. We, therefore, direct that an FIR be registered of this unnatural death in police custody and investigation thereof be conducted in accordance with law. Merely showing that it is infraction of duty or dereliction of duty for which the police officials are stated to be proceeded against departmentally is of no consequence. We, therefore, direct that an FIR be registered of this unnatural death in police custody and investigation thereof be conducted in accordance with law. ( 3 ) WE are also appalled to find the undue resistance by the State for registration of an FIR in this case by bringing the so-called facts which according to the Counsel reveal only a suicide. This matter should be investigated by the crime Branch and monitored by the concerned DCP. ( 4 ) STATUS report as regards investigation be intimated to this Court on the next date of hearing. Dast. To be listed on 10. 11. 2006.