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2013 DIGILAW 258 (HP)

Bhagwati Sharma v. STATE OF H. P.

2013-04-06

RAJIV SHARMA

body2013
JUDGMENT RAJIV SHARMA, J. - 1. THE petitioner's son, late Shri Arpan Sharma, joined the police department as Constable on 4th April, 2001. He was posted at Out Check Post, Gatti, District Chamba. He died on 12th July, 2004. 2. MR. Javed Khan, learned counsel appearing on behalf of the petitioner, has submitted that the death of the petitioner's son is shrouded by suspicious circumstances and this Court may order fresh probe into the matter. He has given up other reliefs. It has come on record that the inquiry was conducted by the Deputy Superintendent of Police, 2nd India Reserve Battalion, Sector Telka. According to the inquiry report, Annexure R1, no foul play was detected in the death of Arpan Sharma. The statements of S/Sh. Hans Raj, Paras Ram, Daya Ram, Gulab Singh, Sanjay Kumar, Sher Singh, Sanjeev Chandel and Manohar Lal were recorded on 16th and 17th July, 2004, by the Investigating Officer. According to the statements made by these police personnel, the petitioner's son died of syncope. 1 Whether the reporters of local papers may be allowed to see the Judgment? 3. EVEN the brother of the deceased has given a statement before the inquiry officer that they did not suspect any foul play in the death of his brother, Arpan Sharma. The autopsy of the deceased was also got conducted and as per the post mortem report, the cause of the death of Arpan Sharma was asphyxia due to aspiration. Viscera was sent for chemical examination and in the chemical examination report, no alcohol or poison was detected. 4. THE petitioner's son has died on 12th July, 2004, and the present petition was filed on 20th July, 2012. There is merit in the contention of Mr. Pramod Thakur, learned Additional Advocate General, that in case, the family suspected any foul play, they should have approached the authorities concerned and the Court within a reasonable time. Thus, in view of the material placed on record, it cannot be said that there was any foul play in the death of constable Arpan Sharma. 5. ACCORDINGLY, in view of the observations made hereinabove, this Court cannot order further probe into the matter. Consequently, the writ petition is dismissed. The pending application(s), if any, also stand(s) disposed of. No costs.