Bombay High Court
Hriday Narayan Singh And Ors vs The State Of Maharashtra And Ors on 13 March, 2026
Author: Bharati Dangre
Bench: Bharati Dangre
2026:BHC-AS:13392-DB
1/25 CR WP 49-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 49 OF 2020
1. Hriday Narayan Singh .. Petitioner
Age 56, Occupation Taxi Driver,
residing at Room No.330/13, Nehru
Nagar No.2, H.M. Road, Sion
Koliwada, Antop Hill. Mumbai-37.
2. Nirmal Singh, Age 25 years,
Occ.Service, residing at 330 1/3,
Nehru Nagar No.2, H.M. Road,
Sion Koliwada, Antop Hill, Mumbai.
Versus
1. The State of Maharashtra, thru
its Chief Secretary, Govt of
Maharashtra, Mantralaya, Mumbai
400032.
2. The Commissioner of Police,
Dhobi Talao, Mumbai.
3. The Dy. Commissioner of Police
Detention, Annex Bldg, CP Office
Compound, Mumbai.
4. The Dy. Commissioner of Police,
Zone 4, DCP Zone IV Office, Matunga
Office Compound Station, Mumbai.
5. The Senior Police Inspector of Respondents
Crime Branch, Unit-4. Sector-V, Antop
Hill, Mumbai.
6. The Senior Police Inspector,
Wadala Truck Terminal Police Station,
Wadala Truck Terminal, MMRDA
Compound, Wadala (E) Mumbai.
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7. The Senior Police Inspector,
Antop Hill Police Station, Bldg 229,
Antop Hill, Mumbai.
8. Ankit Mishra, in front of
Panchvati Bakery, Nehru Nagar, Antop
Hill, Mumbai.
...
Mr. Vinay Nair for the petitioner.
Mr.Kuldeep Patil with Sumit Kumar Nimbalkar and Anay Joshi
for the respondent CBI.
Mr.Tanveer Khan, APP for the State.
CORAM : BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ
DATED : 13th MARCH, 2026
JUDGMENT (Per Bharati Dangre, J)
1 Rule. Rule is made returnable forthwith.
The petition filed by two petitioners in the year 2020, being numbered as Criminal Writ Petition No.49/2020 impleaded the State of Maharashtra through its Chief Secretary along with the Commissioner of Police and the Dy. Commissioner of Police as party respondents. In addition, the Dy. Commissioner of Police, Zone IV, Senior Police Inspector of Crime Branch, Senior Police Inspector, Wadala Truck Terminal police station and Senior Police Inspector, Antop Hill police station were impleaded as respondents.
During its pendency, the petition is amended and the Central Bureau of Investigation, CBI, is added as respondent Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 3/25 CR WP 49-2020.doc no.9. Respondent no.8 is Ankit Mishra, who was initially added as the petitioner, but since he did not either sign the petition or affirm the same, he is transposed as respondent no.8, as according to the petitioners, he is also an eye witness to the incident in respect of which the petitioners have a grievance and they claim registration of FIR and action against the police officials who were impleaded as respondents for violating the orders given by the Court pertaining to compulsory registration of FIR and installation of CCTV cameras in all police stations.
Initially, the petition also sought a relief of transferring the investigation of custodial death of Vijay Singh to Central Bureau of Investigation (CBI) and a relief is also sought to make payment of compensation to the family of the deceased and also to the petitioner and respondent no.8 for the atrocities meted out to them.
2 Upon the said Writ Petition being filed, praying for the aforesaid reliefs, notices were issued to the respondents and it was noted by the Court that at the relevant time, ADR inquiry was still going on and by order dated 17/8/2020, a direction was issued to the Public Prosecutor to file a comprehensive report, bringing out on record the steps taken towards investigation of the alleged custodial death of victim Vijay Singh, son of petitioner no.1, where the petitioner no.2 and respondent no.8 were stated to be the co-victims and eye witnesses.
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Accordingly, the report received from Senior Inspector of Police, Antop Hill police station, was placed before the Court in a sealed envelope. In the mean time, Metropolitan Magistrate, 29th Court, Bhoiwada also completed the inquiry and a report was directed to be forwarded to the Court in a sealed envelope. On 10/3/2021, the report was taken on record. 3 The petition came to be admitted on 16/2/2023 and was permitted to be amended from time to time.
The Writ Petition was heard extensively by the Division Bench on 26/8/2025, and on 11/9/2025, a detailed order was passed, with the background facts being specifically noted which included the grievance of the petitioners with the timelines specifically set out right from 27/10/2019 at 10.00 p.m when the deceased, petitioner no.2 and respondent no.8 had gathered to attend a puja. Thereafter, the deceased proceeded for a walk on the road near Wadala Truck Terminus until he was declared dead on 28/10/2019. The Court also referred to the two post mortem reports of the deceased as well as the FIR lodged against Ms.Afreen and Dashrath in Wadala T.T police station.
The Court took note of the fact that as per the directions of the Commissioner of Police, Mumbai, on 2/11/2019, the investigation was transferred to Crime Branch, Unit IV. It considered the SIT report as regards the different causes of death and appreciated the same, in light of the distinct statements including the statement of petitioner no.1, Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 5/25 CR WP 49-2020.doc the statement of victim's mother and the statement of Ankit Mishra given to the Crime Branch. With specific reference to the two separate post mortem reports as well as the Magistrate's inquiry report, the Division Bench extensively referred to the legal precedents on custodial death. 4 After exhaustive discussion, the Division Bench noted that there are many loose strings emerging from the record and expected the investigation to be done on the formulated points, before it arrived at a conclusion that the investigation of the case be transferred from SIT to CBI i.e. respondent no.9.
It would be apposite to reproduce the relevant observations recorded in the order dated 11/9/2025 justifying the transfer of investigation to CBI as the Court expected an in- depth investigation at its hands, with specific focal points being highlighted in the order. The order recorded thus :-
"32 In view of the above, there are many loose strings emerging from the record which convince us that further investigation needs to be done. We are of the opinion that the following ten factors formulated on the basis of the above discussed material before us, convince us that this case deserves to be transferred to the CBI.
Firstly, that there is an allegation of Dashrath and Afreen having beaten the victim, which may have caused his death.
Secondly, that the medical report from KEM hospital indicates that the victim's heart showed healed myocardial infarction, which would mean that he had already suffered such episode earlier, which cannot be established as there is no medical record or history of treatment given to the deceased.
Thirdly, that the alleged beating by Dashrath and Afreen may have caused the panic attack triggering myocardial infarction.
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Fourthly, that the victim started complaining of chest pain immediately after reaching the Police station, which could be either because of the beating by Dashrath and Afreen and/or by the Police, enroute to the Police station.
Fifthly, that the KEM hospital did not find anything significant, whereas the JJ hospital opined that the victim already had a myocardial infarct which had healed and this could be the reason for the panic attack leading to a myocardial infarction causing his death.
Sixthly, that a serious doubt is expressed by the experts from the KEM hospital as to whether a portion of the heart of the deceased was subjected to medical examination or whether 2 hearts of 2 individuals were sent for examination to the JJ Hospital and the KEM hospital.
Seventhly, that the alleged beating at the hands of the Police could have caused the panic attack.
Eighthly, that the Magistrate had called for the report of an independent expert in forensic science from Nair Hospital. He opined that the overall condition of the heart and the reports of two hospitals indicate that an INDEPENDENT CARDIAC PATHOLOGICAL REVIEW is necessary.
Ninthly, that the statement made by Nirmal Singh indicates that the Police constables had beaten the deceased, after Dashrath and Afreen had beaten him. He has not changed his statement any time thereafter.
Tenthly, that Ankit had stated in his complete version (the second statement that was recorded as he had fainted while his statement was being recorded on the earlier night) that Dashrath and Afreen had beaten the deceased and thereafter, the Police constables had beaten him. However, in his last statement recorded before the Metropolitan Magistrate, 29th Court, Dadar, on 05/10/2021, he has narrated a diagonally opposite version. Whether he was under coercion or duress when this statement was recorded?.
33. The SIT has, virtually, concluded in it's report that the death of Vijay is not on account of any beating by the Police constables, enroute to the Police station or while he was inside the lock-up.
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34. Therefore, we find that further investigation needs to be done through the CBI. Though the SIT has conducted an extensive investigation under the orders of this Court, we find that several issues, especially the above stated 10 aspects, need an in-depth investigation at the hands of the CBI. Hence, we order the transfer of investigation from the SIT to the CBI, respondent no.9. The SIT is directed to hand over the entire investigation papers/records to respondent no.9, within 15 days from today. Thereafter, respondent no.9 shall commence investigation.
5 Pursuant to the aforesaid order, the CBI, Mumbai submitted the status report dated 24/11/2025 by referring to the statements of certain witnesses as well as the scrutiny of the documents and it sought time to complete the investigation.
By order dated 24/11/2025, we granted six weeks time to the CBI to complete the investigation and furnish its report before us. On 8/1/2026, the second status report was placed before us and it was deemed appropriate to seek scientific opinion from AIMS, New Delhi in the wake of the contradictory report as regards the cause of death, and therefore, once again, time was sought to file the final report of investigation as directed by us.
Accordingly, the third status report on behalf of CBI under the signature of the Inquiry Officer, Inspector of Police, CBI, STB, Mumbai is placed in our hands and on its perusal, we deemed it appropriate to furnish the copy thereof to the counsel for the petitioner, and by our order dated 12/2/2026, the copy of the report was furnished to the petitioner.
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6 The third report of the CBI placed before us make
reference to its two earlier reports and the third report is submitted upon the final opinion of AIMS New Delhi being received.
The report highlighted the sequence of incidents in respect of which the grievance is made in the petition, to the effect that the deceased Vijay Hriday Narayan Singh was subjected to assault by Ms. Afreen and Dashrath, and while he was proceeding to RTO road, Wadala T.T, petitioner no.2 Nirmal and Ankit, respondent no.8 had noticed that there was a scuffle taking place between the deceased and Afreen and Dashrath, and when they intercepted, even they were abused and hit.
The case of the petitioners was noted to the effect that the police van from Wadala T.T was passing when the incident took place and all the three along with the couple were brought to Wadala police station, located at about 300 mtr from the scene, and Afreen filed a complaint for eve teasing.
On reaching Wadala T.T police station at approximately 11.30 p.m, Vijay along with Ankit Mishra, are alleged to be placed in the temporary lock-up of the police station, while Nirmal was allowed to be seated outside and Dashrath who was accompanying Afreen was sent to Sion Hospital along with her for medical treatment. Ankit Mishra's wife was telephonically informed about he being taken in custody and even the family members of Vijay reached the police station. It is alleged that Vijay experienced chest pain Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 9/25 CR WP 49-2020.doc after reaching the police station, but he was not offered the necessary treatment and even water was refused to him, and therefore, he collapsed in the premises of the police station and with lot of persistence, he was permitted to be taken to Sion hospital by a private cab at 2.30 a.m and he was declared dead at 3.00 am on 28/10/2019.
7 It is in the aforesaid background, in order to ascertain the cause of death, based on the complaint made by the father of the deceased, when the investigation conducted by the Crime Branch was found to be not leading to a conclusive finding, the investigation was handed to the CBI and in its third report, the CBI make mention of the Inquest of the body of the deceased, where no visible injury was noted.
There is a reference of the post mortem examination conducted by the Government Grant Medial College of J.J Hospital at 10.19 hours where the doctors did not find any fatal injury or any ante mortem signs of assault, except a minor abrasion i.e. linear abrasion measuring 1 cm over the dorsum of the right foot.
In order to ascertain the cause of death, the organs of the deceased were preserved and sent for histopathological examination. The J.J.Hospital, in its report dated 19/11/2019 opined that the deceased had previous episode of healed and healing Myocardial infarcts i.e. Heart Attack and the report also noted further intramural coronary arteries with Fbrin Thrombi i.e. blood clot in the present episode.
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Based on the histopathological examination of the organs of the deceased, a team of two doctors headed by Dr. Anande, Assistant Professor, Department of Forensic Medicine, opined the cause of death due to myocardial infarction. 8 It is noted by the CBI that on 29/10/2019, the body of the deceased was sent for second post mortem which was conducted by team of doctors of Department of Forensic Medicine in Seth G.S. Medical College & KEM Hospital, Mumbai and the Doctors did not observe any major fatal injury or any ante-mortem signs of assault, except for a minor contusion of size 4 x 3 cms inside thoracic wall at level of 4 th rib. In order to ascertain the cause of death, opinion was reserved pending histopathology examination report.
Dr.Pradeep Vaideeswar, Head of Department of Pathology, KEM Hospital gave his opinion on 23/12/2019 and corroborated the histopathology opinion of J.J. Hospital that the deceased had a previous episode of heart attack. The final cause of death in the second post mortem report was therefore, stated as 'acute coronary insufficiency precipitated by sudden panic attack and was classified as an 'unnatural death'. 9 The CBI, in its report, with reference to the 10 points highlighted by the High Court in its order dated 11/9/2025, inform that CBI send its queries to the Head of the Department, Department of Forensic Medicine, KEM Hospital and received replies and it forwarded the final observation/ conclusion as below:-
Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 11/25 CR WP 49-2020.doc "Death occurred due to acute coronary insufficiency leading to fatal cardiac arrhythmia, precipitated by a sudden stress/panic episode in an individual with a pre-existing healed and healing myocardial infractions.
Neither autopsy nor histopathology can determine the exact interval between onset of myocardial infarction and death. A young adult cannot have a heart attack without medical history is scientifically incorrect.
Heart obtained on autopsy is soft and is not suitable for histopathological examination. Heart tissue needs to be hardened for taking section for histopathology; hence placed in chemical formalin. A per medical literature, fixation in formalin can reduce weight upto 34%. Thus, weight discrepancy of heart of the deceased is scientifically explained, not suspicious. Stress/Panic cannot be directly 'detected' in the body at autopsy using a single parameter. Where a stress trigger is mentioned, it is an inference based on credible circumstantial history, after excluding other competing cause on the basis of autopsy and accessory tests.
Myocardial infarction (MI) denotes myocardial necrosis resulting from prolonged ischemia; definitive histopathological features of acute MI often require a survival interval and may be absent in very sudden deaths.
Acute coronary insufficiency/acute myocardial ischemia refers to an acute reduction in coronary blood flow that may cause severe ischemia and fatal arrhythmias even before an infarct becomes morphologically established. Both entities fall within the spectrum of acute coronary syndrome.
Further, pre-existing coronary artery disease and evidence of prior myocardial infarction indicate underlying cardiac vulnerability and can predispose to an acute ischemic event and sudden death; an acute trigger (physical or emotional) may precipitate the terminal event.
Presence of microthrombi may be associated with acute ischemic/coronary events and microvascular injury, but they can also be seen in other systemic states (e.g., shock, disseminated intravascular coagulation, severe stress responses) depending on the overall clinical-pathological context. Sudden emotional upset or intense psychological stress can act as a trigger for acute coronary syndromes and sudden cardiac death, particularly in individuals with underlying coronary artery disease. However, susceptibility and thresholds are individual-specific and cannot be quantified post-mortem.
That based on the records and reports provided, the medical cause of death is attributable to an acute fatal cardiac event in the setting Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 12/25 CR WP 49-2020.doc of underlying coronary artery disease/ischemic heart disease as documented on autopsy and histopathology. Thus, opined that Death to deceased occurred due to coronary insufficiency leading to fatal cardiac arrhythmia, precipitated by sudden stress/panic episode in an individual with pre-existing healed and healing myocardial infarctions. The manner of death was said to be unnatural due to stress-triggered arrhythmia. Further, the discrepancy of the weight of heart and two different heart has been negated and explained.
10 The CBI also forwarded letter to the Department of Forensic Medicine and J.J. Hospital who offered the following opinion :-
a. The autopsy suggested that the deceased was suffering from Atherosclerotic Vascular Disease i.e. the deceased was suffering from long term cardiac illness. Also, the Histopathology report conducted on the deceased shows the presence of Fibroblastic activity suggestive of healed and healing stages of Myocardial Infarction. a. Further, presence of congest arteries or fibrin thrombi and previous heart ailment can make him susceptible to sudden or acute coronary insufficiency. And, presence of fibrin thrombi may see after 4 hour after myocardial infarction. b. Based upon the post-mortem finding, it is not possible to opine that deceased had an episode of acute panic attack prior to death as it is a clinical condition. c. Based upon the forensic science and post-mortem findings, it is not possible to opine that the panic attack allegedly suffered by the deceased, resulting in his death, was caused either by the alleged incident of fighting/beating by Dashrath and Afrin prior to taking the deceased to the Wadala T.T. Police Station, or by any subsequent police handling at the Wadala T.T. Police Station. d. If a person had previous record of sinus rhythm and tachycardia, he may suffer from myocardial infarction or acute coronary insufficiency.
e. The changes after death in the form of post-mortem lividity is mentioned in the post-mortem reports, which is documented as bluish discoloration in the panchhnama. f. The contusion as 4cm 803 cm in the Thoracic wall as reported in the post-mortem of deceased Vijay Singh by KEM Hospital is mentioned as a finding inside the chest cavity could have been due to extravasation of blood after Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 13/25 CR WP 49-2020.doc first autopsy or lividity presenting as an Artefact. g. The gravity and reason of stress and panic can be evaluated in a live person by psychiatrist after clinically evaluating the patient.
h. The deceased already had myocardial infarcts which was in healing and healed stage.
i. It is not medically correct that a young adult may not have heart attack, with or without prior medical history.
11 In addition to the aforesaid, CBI also recorded the statement of Mr.Shailesh Mohite, Dean, Nair Hospital, as regards the two reports and he stated that both the doctors of J.J. Hospital and KEM Hospital, who conducted the post mortem examination, did not opine any grossly evident cause of death, such as injury or signs of trauma and therefore, the final opinion on the cause of death was based upon histopathology examination of the organs of the deceased. Though he stated that it was difficult to opine on the nature and gravity of the stress experienced by the deceased solely on the basis of post mortem report as the degree of stress or panic can ordinarily be assessed through clinical evaluations such as ECG or diagnostic medical devices when a person is alive. He specifically opined as below :-
"In this case, the presence of fibrin thrombi (blood clots) in the coronary blood vessels obstructed blood flow, thereby reducing blood supply to the heart. This decreased blood flow led to the death of cardiac muscle, resulting in myocardial infarction (heart attack)."
12 The CBI also recorded the statement of Dr. Amit Navare, Head of Department, Department of Physiology, Nair Hospital, for cause of Panic attack, who revealed that Panic Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 14/25 CR WP 49-2020.doc attack can be on account of the exaggerated fight response to a perceived danger, and in panic attack, heartbeat of the individual increases to more than 100 beats per minute.
Reliance is also placed by the CBI upon the statement of Dr. Badhe Padma Vikram, Professor, KEM Hospital who had performed the CT Scan of deceased and submitted the report on 29/10/2019, stating that the facebone, vertebral bodies, upper limb or lower limb, pelvis and rib of the deceased were not fractured.
13 Dr. Ajay Shivprasad Chaurasia, Professor and Head of Cardiologist, Nair Hospital vide his letter dated 11/2/2026, informed CBI that silent heart attacks or silent myocardial infarctions as they are designated can occur without severe chest pain, allowing people to survive without realizing it or even without hospitalization.
In the wake of the aforesaid material collected, AIMS, New Delhi was requested to provide an expert opinion regarding the cardiac health of deceased and the cause of death and even the ECG was forwarded to it.
14 The CBI report rely upon the report given by AIMS, New Delhi, comprising of three doctors from the Department of Cardiology and the report categorically stated thus :-
"a. Deceased had sudden cardiac death, likely due to acute coronary insufficiency.
b. A panic/stress environment can trigger acute coronary insufficiency, and presence of previous heart disease increase the risk further.
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c. Sinus rhythm with tachycardia, as seen in the medical
report of deceased could be associate with underlying conditions such as anaemia, significant blood loss, infection, thyroid, pulmonary and cardiac condition and also may be because of any underline diseases, as a response to factor such as stress, anxiety, exercise, fever, pain dehydration etc. d. Tachycardia defines as a heart rate exceeding 100 beats per minutes.
e. In the present case, evidence of long-term/previous heart disease and any previous attacks is based on the Post-mortem analysis of the heart and its Histopathology. This requires opinion by the experts in the field of Histopathology and/or forensic medicines.
f. Based upon the forensic science and post-mortem findings, it is not possible to opine that the panic attack allegedly suffered by the deceased, resulting in his death, was caused either by the alleged incident of fighting/beating by Dashrath and Afreen prior to taking the deceased to the Wadala T.T. Police Station, or by any subsequent police handling at the Wadala T.T. Police Station."
15 Dr.Sudheer Arava, Professor, Department of Pathology, AIMS, New Delhi, vide his report dated 28/1/2026 gave the following opinion :-
a. According to the histopathological observations and reports available, it shows that the deceased had multiple infarcts within the heart.
a. It shows that he also had previous similar events in the past (myocyte destruction. fragmentation. libroblastic proliferation. capillarization and infiltration by histiocytes and lymphocytes) b. Presence of subendocardial and subepicardial fibrosis indicates a long-term history of ischemia, which may be more than minimum three months to years. (Once fibrosis develops within the heart, it is difficult to mention accurate the timing) c. The cause of the previous heart attack might also be due to similar incidents of fibrin thrombi (Presence of organised thrombi within the intramyocardial blood) d. Normally, in a healthy young individual, fibrin thrombus within the myocardium are not seen. They are commonly Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 16/25 CR WP 49-2020.doc observed in patients with known thrombotic disease/coagulation abnormalities or chronically debilitated individuals, etc. e. Any sudden, severe, stressful events may lead to acute coronary insufficiency leading to myocardial infarction, but only in previously susceptible individuals as a predisposing etiology.
f. Cause of death appears to be acute insufficiency in the coronary blood supply (Sudden occlusion and stoppage of blood supply due to the luminal fibrin thrombus formation) leading to myocardial according to the histopathological reports, which appears to be a natural cause of death. In the present case, it depends on the assessment of true circumstances at the time of the event.
16 On 5/2/2026, team of six doctors of the Department of Forensic Medicine and Toxicology, AIMS, New Delhi, responded to the query of the CBI, seeking an opinion on the cause of death of the deceased and its manner whether it was natural or unnatural and whether the heart attack caused to him was due to panic environment or due to his previous ailments, and it received the following opinion :-
a. After perusal of first and second post-mortem report, post- mortem photography, videography, medical records and inquest paper, the medical board concluded that cause in this case is sudden cardiac arrest due to coronary insufficiency, a natural cause of death.
a. The presence of scar formation indicates a healed myocardial infarction, suggesting that the heart attack had occurred few weeks to months prior to death, approximately around three months.
b. In a heart with pre-existing disease, an acute episode of heart attack may occur spontaneously, however, the presence of precipitating factors like stress/anxiety increases the risk of such an event.
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c. The post-mortem examination revealed that a fresh thrombus and acute ischemic infarction in a heart showing feature of old myocardial infarction in the form of subendocardial ischemia scarring, indicating an acute event superimposed on a previous infarcted heart. As per medical literature, it is known fact that physical stress and emotional stress may cause adrenal response in the body leading to Myocardial infarction (heart attack) caused by increased demand upon a weakened heart. In this case, deceased had a episode of quarrel and subsequently police detention, which can cause anxiety and emotional stress to the person due to the circumstance which may lead to heart attack in a person with weakened heart due to previous heart attacks.
d. The History and circumstance suggest that the deceased was under stress/anxiety due to quarrel incident and subsequent police detention. As per PM report there are finding of previous heart attack suggested by presence of healed myocardium in the heart, which is a risk factor for subsequent attack and could be precipitated by stress/anxiety.
e. The injuries present over the body are simple in nature and non fatal, So the causation of death by injuries as mentioned in PM report is unlikely.
f. Stress is a subjective psychological factor and cannot be quantified objectively. Therefore, individual response to the same situation may vary significantly from person to person. Thus, the Medical Board, unanimously found that the cause of death in this case is sudden cardiac arrest due to coronary insufficiency " a natural cause of death" , which may be corroborated with the circumstantial/investigation findings.
17 The CBI recorded statement of 60 witnesses including 25 independent witnesses, who had visited Wadala police station on the day of the incident, three family members of the deceased, 16 police personnel, six friend colleagues and ten medical doctors and concluded that none of the independent witnesses had stated that deceased was beaten by police, except petitioner no.2 Nirmal Singh.
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18 Referring to the statement of Rafikulla Basharadulla
Khan, cab driver, who visited Wadala T.T police station at 2.30 a.m on 28/10/2019, and whose assistance was sought by the police, stated that he was asked to take one person to the hospital immediately and he took the said person to Sion hospital. The CBI also refer to the statement of one Chintamani Sarang, who visited the police station during the period of the alleged heart attack episode, as he stated that the deceased was sitting quietly inside the lockup and requesting police personnel to release him and the family members were present in the premises. He also stated that chaos and yelling by the family members continued for 45 minutes to one hour and thereafter, deceased started complaining of chest pain, though initially he did not show any visible gestures, but thereafter, he started shouting, and lied down holding his chest and was therefore was taken out of the lockup and the police personnel went outside to check availability of any vehicle.
The statement of Dharmendra Singh Rathore, who was inside the lockup along with the deceased disclose that Vijay experienced chest pain approximately after one hour and when he informed the police personnel, he was taken out of the lockup and seeing trouble, one of the police personnel rushed to fetch a vehicle.
19 Though in the report, CBI finds that there was some negligence on part of the police on duty, who delayed taking deceased to the hospital, when he started complaining chest Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 19/25 CR WP 49-2020.doc pain, and even the CBI found that the CCTV cameras were not operational during the alleged incident, which was violative of the guidelines issued by the Bombay High Court and it also conclude that no renovation work was being carried out at the relevant time to justify absence of cameras.
However, the ten points on which the Court had specifically directed the CBI to conduct the investigation were answered as below :-
Question 1: That there is an allegation of Dasharath and Afreen having beaten the victim, which may have caused the death Answer 1 : The death of the deceased was not precipitated by any alleged incident of beating either by the police or by Afreen/Dashrath. The deceased died due to a sudden heart attack.
Question 2: The Medical Report of KEM Hospital indicates that the victim's heart showed healed Myocardial Infarction, which would mean that he had already suffered such episode earlier, which cannot be established as there is no medical record or history of treatment given to the deceased.
Answer 2 : Forensic Department of KEM vide its reports dated 11.12.2025 and 26.12.2025 states that Prior medical history is not mandatory, as first presentation can be fatal, however, pre-existing coronary artery disease and prior infarcts increase risk of sudden fatal events. This observation has been repeated by team of doctors of Department Of Forensic Medicine, JJ hospital, statement of the Dean Sh. Sahilesh Mohite, Nair hospital and Department Of Forensic Medicine & Toxicology., AIIMS, DELHI.
Further also, Dr. Ajay Shivprasadji Chaurasia, Professor & Head of Cardiologist, Nair Hospital vide letter dated 11.02.2026 stated that silent heart attacks or silent myocardial infarctions as they are designated can occur Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 20/25 CR WP 49-2020.doc without severe chest pain, allowing people to survive without realizing it or even without hospitalization.
Question 3: The alleged beating by Dasharath and Afreen may have caused the panic attack triggering myocardial infarction.
Answer 3 : Forensic Department of KEM vide its reports dated 11.12.2025 and 26.12.2025 has stated that "the gravity or intensity of psychological stress cannot be quantitatively 'calculated' by any validated forensic method. Individuals differ widely in vulnerability, and even brief intense emotional upset can act as a trigger for an acute coronary syndrome or fatal arrhythmia in susceptible person. Further, pre-existing coronary artery disease and evidence of prior myocardial infarction indicate underlying cardiac vulnerability and can predispose to an acute ischemic event and sudden death; an acute trigger (physical or emotional) may precipitate the terminal event. "
Similarly, Forensic Department of JJ Hospital vide its letter dated , 24.12.2025 also opined that The gravity and reason of stress and panic can be evaluated in a live person by psychiatrist after clinically evaluating the patient Further, Department Of Forensic Medicine & Toxicology., AIIMS, DELHI have stated that "In a heart with pre-existing disease, an acute episode of heart attack may occur spontaneously, however, the presence of precipitating factors like stress/anxiety increases the risk of such an event. They have further stated that " stress is a subjective psychological factor and cannot be quantified objectively. Therefore, individual response to the same situation may vary significantly from person to person.
Question 4 : That the victim started complaining of chest pain immediately after reaching the Police Station, which could be either because of the beating by Dasharath and Afreen and / or by the Police, enroute to the Police Station. Answer 4 : A Team of six Doctors of Department of Forensic Medicines and Toxicology, AIIMS, New Delhi vide its report dated 05.01.2026 have opined "In a heart with pre-existing disease, an acute episode of heart attack may occur Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 21/25 CR WP 49-2020.doc spontaneously, however, the presence of precipitating factors like stress/anxiety increases the risk of such an event. They have further stated that "The injuries present over the body are simple in nature and non fatal, So the causation of death by injuries as mentioned in PM report is unlikely.
KEM hospital team of doctors have also opined that "pre- existing coronary artery disease and evidence of prior myocardial infarction indicate underlying cardiac vulnerability and can predispose to an acute ischemic event and sudden death; an acute trigger (physical or emotional) may precipitate the terminal event."
Question 5 : That the KEM Hospital did not find anything significant, whereas the JJ Hospital opined that the victim already had a myocardial infarct which had healed and this could be the reason for the panic attack leading to a myocardial infarction causing his death.
Answer 5 : Forensic Department of KEM vide its reports dated 11.12.2025 and 26.12.2025 have stated that "the Death of deceased occurred due to coronary insufficiency leading to fatal cardiac arrhythmia, precipitated by sudden stress/panic episode in an individual with pre-existing healed and healing myocardial infarctions". They also stated that "Healing Myocardial infarction showing the granulation tissues is suggestive of duration between 10 days to 6 weeks, While healed Myocardial infarction showing fibrous scarring suggestive of duration more than 6 weeks".
Further, the opinion of the Cardiac Pathology dated 26.01.2026 and Forensic Department of AIIMS dated 05.02.2026 also states that the deceased had suffered previous episodes of heart attack.
Question 6 : That a serious doubt is expressed by the Experts from the KEM Hospital as to whether a portion of the heart of the deceased was subjected to medical examination or whether 2 hearts of 2 individuals were sent for examination to the J.J Hospital and the KEM Hospital.
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Answer 6 : Forensic Department of KEM vide its reports dated 11.12.2025, have stated that "Heart obtained on autopsy is soft and is not suitable for histopathological examination. Heart tissue needs to be hardened for taking section for histopathology; hence placed in chemical formalin. A per medical literature fixation in formalin can reduce weight upto 34%. Thus, weight discrepancy of heart of the deceased is scientifically explained, not suspicious".
Question 7 : That the alleged bearing at the hands of the Police could have caused the panic attack.
Answer 7 : Forensic Department of KEM vide its reports dated 11.12.2025 and 26.12.2025 have stated that the gravity and reason of stress and panic can be evaluated in a live person by psychiatrist after clinically evaluating the patient.
Subsequently, Department of Forensic Medicine & JJ Hospital, Mumbai, 24.12.2025, also opined that based upon the post-mortem finding, it is not possible to opine that deceased had an episode of acute panic attack prior to death as it is a clinical condition.
Further, Team of six Doctors of Department of Forensic Medicines and Toxicology , AIIMS, New Delhi Delhi vide its report dated 05.01.2026 opined that History and circumstance suggest that the deceased was under
stress/anxiety due to quarrel incident and subsequent police detention.
However, none of the independent witness as well as Ankit Mishra has stated that police had beaten the deceased.
Question 8 : That the Magistrate had called for the report of an independent expert in forensic science from the Nair Hospital. He opined that the overall condition of the heart and the reports of two hospitals indicate that an Independent Cardiac Pathological Review is necessary.
Answer 8 : The report from Department of Pathology, has been obtained vide letter dated 26.01.2026. And gist is detailed above. They have stated that the death is a natural cause.
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Question 9 : That the Statement made by Shri Nirmal Singh indicates that the Police Constables had beaten the deceased, after Dasharath and Afreen had beaten him. He has not changed his Statement any time thereafter.
Answer 9. That during the CBI investigation, a total of 60 witnesses were examined, including 25 independent witnesses, who visited Walada Police Station on the day of the incident and 3 family members of deceased. None of the independent witnesses stated that the deceased was beaten by police personnel, except the petitioner No. 2, Mr. Nirmal Singh. The statement of Nirmal Singh is enclosed as Annexure A. Also, Ankit Mishra has stated that police had not beaten the deceased.
Question 10 : That Ankit had stated in his complete version (second Statement that was recorded as he had fainted while his Statement was being recorded on the earlier night) that Dasharath and Afreen had beaten the deceased and thereafter, the Police Constables had beaten him.
However, in his last Statement recorded before the Metropolitan Magistrate, 29th Court, Dadar on 05-10-2021, he has narrated a diagonally opposite version. Whether he was under coercion or duress when this Statement was recorded.
Answer 10 : That the respondent, Mr. Ankit Mishra, who was brought to the police station along with the deceased and Mr. Nirmal Singh, did not state any incident of the deceased being beaten or assaulted by police personnel during his examination before the CBI. He further stated that he was under pressure from the family of the deceased to give a favourable statement before CID Unit-04, Mumbai Police. The statement of Mr. Ankit Mishra is enclosed as Annexure B. 20 In the report placed before us, CBI has now concluded in no uncertain terms that the death of the deceased did not occur on account of the beating either by the police or by Afreen/Dashrath and that he died due to sudden heart Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 24/25 CR WP 49-2020.doc attack, and according to us, the issue stand concluded, as the CBI called for report from AIMS, New Delhi and the aforesaid inference has been drawn based on the opinion contained therein and also on the basis of the thorough investigation by recording statements of witnesses.
21 In our considered opinion, in light of the aforesaid report, we must conclude the issue as we find that all efforts are taken to ascertain whether the deceased, son of petitioner no.1 was subjected to any physical assault in the police lockup and his death was on account of such an assault, but from the very beginning, the answer to the said question is in the negative.
Though the learned counsel for the petitioner has urged before us that all the relevant papers were not forwarded to AIMS Medical Board, when its opinion was sought, we do not agree with the same as we find the relevant documents being forwarded to AIMS on 3/2/2026 and this incudes the post mortem reports, histopathology reports, video of post mortem, Inquest proceedings u/s.174 as well as the replies to the queries of CBI from Forensic Toxicology at KEM Hospital and Grant Medical College as well as the report of the Magistrate's Inquiry u/s. 176 of Cr.P.C in ADR 109/2019 registered with Wadala police station.
The AIMS Medical Board comprising of 6 doctors has submitted its opinion, categorically holding it as below :-
Tilak ::: Uploaded on - 18/03/2026 ::: Downloaded on - 20/03/2026 21:55:37 ::: 25/25 CR WP 49-2020.doc "The Medical Board unanimously found that the cause of death in this case is "Sudden cardiac arrest due to coronary insufficiency, a natural cause of death." which may be corroborated with the circumstantial/ investigation findings."
In the wake of the aforesaid report from CBI, we do not find that there is any further scope for us to doubt the report submitted by CBI, and considering the limited scope which the High Court can exercise, when no cognizable offence is made out, finding no merit and substance in the accusations levelled by petitioner nos.1 and 2, against the police personnel, we dismiss the Writ Petition and discharge the Rule.
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