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Himachal Pradesh High Court · body

2018 DIGILAW 1303 (HP)

Meenakshi Sharma v. State Of H. P.

2018-07-13

SURESHWAR THAKUR

body2018
JUDGMENT Sureshwar Thakur, J. - The petitioner herein, is, aggrieved by the orders, borne in Annexure P-17, whereby the learned trial Magistrate, after accepting the closure report submitted therebefore by the Investigating Officer concerned, hence ordered for cancellation, of, the apt FIR. 2. The fulcrum, of, the reason(s) assigned by the learned trial Magistrate, is, hinged upon the factum, of, the deceased one Manoj Kumar, making a signatured statement, before, the Investigating Officer concerned, whereunder, he confessed qua his committing theft, of, a sum of Rs. 50,000/- from the premises of the accused, and, his thereafter volitionally jumping, from, the double storeyed building. The meteing of credence thereto, by the learned trial Magistrate, is highly inappropriate, as the original copy of the relevant dying declaration, made by the deceased before the Investigating Officer, and, as exists, on the record, being not along with the signatures borne thereon, along with the admitted signatures of the deceased, hence transmitted to the FSL concerned, for their apt comparison thereat, for, hence, facilitating, emanation therefrom, of, an apt opinion qua the deceased authoring, the, relevant signatures upon the apt statement, nor the competent medical practitioner has appended thereunder, an apt certificate, of, fitness, of the declarant. 3. Furthermore, the recitals borne therein also are prima facie, in, disconcurrence with the postmortem report, wherein there occurs no reflection qua the deceased sustaining any fracture, whereas, in the apt statement, occurs a recital qua the deceased volitionally jumping from a building, whereupon, existence of fractures, upon, his body rather was imminent, thereupon, prima facie the apt statement may not carry any worth. 4. The aforesaid disconcurrence, inter se, the postmortem report, and, the revelations borne, in the apt statement, does prima facie, constrains this Court , to, conclude that the order rendered by the learned trial Magistrate, whereunder, he accepted the closure report, filed therebefore, by the the Investigating Officer, and, also hence ordered for cancellation of the FIR, being not hinged, upon, proper appraisal of the relevant material on record. Consequently, the instant petition is allowed, and, the order impugned before this Court, and, as borne in Annexure P-17 is quashed. In sequel, the Investigating Officer concerned is directed to hold re-investigation(s) in the case, vis-a-vis, the aforestated facets. All pending applications also stand disposed of. Records, if any, received, be sent back forthwith.