Gujarat High Court
Bipra Ustaba Shethy Father Of Lt. ... vs State Of Gujarat & 2 on 1 October, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/940/2008 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 940 of 2008
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BIPRA USTABA SHETHY FATHER OF LT. REBINDRA
SHETHY....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR PK SHUKLA, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2 - 3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/10/2015
ORAL ORDER
By this writapplication under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: (A) To admit and allow this petition;
(B) To order appropriate inquiry/investigation in the custodial death of petitioner's son Ravindra by C.B.I or any other independent authority or agency in the facts and circumstances of the case;
(C) To direct the State Government to pay compensation of Rs. 10 lac to the petitioner for custodial death of his son Ravindra in the Pandesara Police Station on 16.4.2007;
(D) To call for the papers in respect of inquiry/investigation;
(H) To quash and set aside the inquiry report dated 11.4.2008;
(I) To give direction to hand over the inquiry to some independent State authority who can investigate the matter without being influenced by anyone;
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R/SCR.A/940/2008 ORDER
It appears from the materials on record that the son of the petitioner was arrested by the Police in connection with an offence punishable under Section 379 of the IPC. While he was in judicial custody, his body was found hanging from the grill of the door of the lockup. It appears that the son of the petitioner committed suicide while he was in the lockup. The body was sent for postmortem examination. The postmortem examination revealed the cause of death to be asphyxia on account of the pressure over neck by ligature. An inquiry under Section 174 of the Code of Criminal Procedure was also undertaken by the Sub Divisional Magistrate, Choryasi.
It is the case of the petitioner, being the father of the deceased, that his son had not committed suicide while he was in the lockup, but he was murdered.
The Assistant Commissioner of Police, "F" Division, Surat City has filed a detailed affidavit, interalia stating as under: "6. It is further most respectfully submitted that on 16.04.2007 at about 4:00 o' clock one complainant Pramodkumar Ramsuresh Pande residing at Visatnagar Plot No.59 Pandasara Surat came to the Pandasara Police Station along with the Accused person and contacted the head constable Darasing Babubhai for the purpose of lodging the complaint of the cycle theft hence Head Constable Darasing directed the complainant to approached the PSO of the Pandasara Police Station. Accordingly complaint came to be registered against the accused person namely Kunna@Ravi. Investigating Officer (IO) Arvindbhai prepared written report and came to be submitted to the police station officer along with the accused person Kunna @ Ravi and hence the FIR bearing a No. 66 of 2007 for the offences punishable under Section 379 came to be registered and accordingly the report under section 157 came to be declared.
7. It is further most respectfully submitted that the after interrogating the complainant and the witness Narendrasinh Pande residing at block no.59 Page 2 of 5 HC-NIC Page 2 of 5 Created On Sun Oct 04 02:07:01 IST 2015 R/SCR.A/940/2008 ORDER Visatnagar Pandasara Surat, the accused person Kunna @ Ravi son of Dukhishayam Ravi aged about 20 years Pandasara Gujarat Housing Board Police Colony, Surat came to be arrested at about 5:00 o'clock and since hame of the relatives of the accused could not be disclosed by the accused person the intimation about his arrest came to be given to by surendrasinh Raut who is the social leader of the residents of the Orrisa Samaj and thereafter making entry in the lockup register about 7:10 the accused person was lodged in the lockup at the Pandasara Police Station and investigating Officer Head Constable Darasing along with the complaint visited offence place, and carried out offence place panchnama in the presence of the panch witness and there after recorded the statements of the witness. The Investigating Officer (IO) returned at the police station at about 7:15 and with a view to interrogate the accused person police constable Tulsibhai Saradhya was sent to take out accused person Kunna @ Ravi from the lock up but when the police constable reached at the lock up he spotted the accused person in the position of hanging himself with the his own shirt tied with the grill/irons of the door of the lockup.
No sooner the picket police Constable intimated this fact to the Investigating Officer (IO) Head Constable Darasingh the Police Inspector of Pandasara Police Station was forthwith intimated about the same and accordingly the Police Inspector instructed the PSO to lodge complaint No.13 of 2007. And hence Accused no came to be registered at about 19:45 and the inquiry was initiated by police Inspector himself. During the course of inquiry under Section 174 the FSL officer was called upon at about 19:50. The photography and videography was also conducted as well as the SDM Chaurayasi Prant was intimated to draw the inquest panchnama.
8. The Police Inspector intimated the higher officer forthwith about this unfortunate event and simultaneously the relatives of the deceased Maternal Uncle Ravi Bathram Shetty and his cousin brother Purnachandra Jalandhar Shetty and Naranay Gandhrva Shetty were also informed about the same.
It is further most respectfully submitted that these relatives disclosed the real name of the accused as Kunna@Ravi son of Vipra Shetty residing at Nunizola PostBargam Tal: Bhanjnagar.
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After completing the proceedings by the S.D.M., photography and videography, FSL inspected the place of the offence place and thereafter the dead body of the deceased was sent to New Civil Hospital for the purpose of conducting the postmortem. The penal of 5 doctors performed Postmortem with vedeography.
9. It is further most respectfully submitted that intimation in this regard was sent through telephone to the parents of the deceased. But since the economic condition of the parents of the deceased was not good hence the dead body was handed over to the distant relatives for the last rites of the deceased on 17.04.2007.
10. It is further most respectfully submitted that the video and C.D. Of Postmortem along with the report of the penal of the 5 doctors were sent in the seal cover to the Hon'ble National Human Right Commission New Delhi. The cause of death as per the report of the doctor was as Asphyxia due to pressure over neck by ligature. The shirt is also sent to the FSL Surat for the purpose of tensile test and after completing the aforesaid inquiry under section 174 the report dated 22.10.2007 came to be sent to the sub Divisional Magistrate Choryashi (SDM) for the purposed of approval of A. D Summary. The said report of pending before the SDM for final approval.
11. It is further most respectfully submitted that it is not correct that the signature of the cousin brother were taken on the blank papers. It is pertinent to note over here that by virtue of section 174 of Criminal Procedure Code, signed statements of all the concerned were recorded including the statements of Maternal Uncle Ravi Bathram Shetty and his cousin brother Purnachandra Jalandhar Shetty and Naranay Gandhrva Shetty as well as the Surendransinh Rahout and the dead body was handed over to this afore stated persons and hence it is not correct to say that the signature were obtained on the blank paper. So far as the documents and original papers with regard to custodial death is concerned it was sent through Commissioner of Police Surat on 13.06.2007 were submitted to the Hon'ble National Human Right Commission New Delhi as well as the Learned Register High Court of Gujarat Infrastructure & Information Technology vide Javak No. 1390 of 2007 dated 13.06.2007.
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R/SCR.A/940/2008 ORDER
12. It is further most respectfully submitted that by virtue of the amendment under section 176 A of the Criminal Procedure Code, the magisterial inquiry came to be conducted by Mr. B.R.Thakker Civil Judge (S.D.) JMFC and the report came to be submitted vide report dated 11.04.2008 to the District Magistrate through District & Sessions Judge Surat."
The incident is of the year 2007. Having gone through the materials on record and the papers of the inquiry, it is very difficult to arrive at a conclusion that the case is one of homicidal death while in the custody of the Police.
In the aforesaid view of the matter, nothing further is required to be done or adjudicated. This application is accordingly disposed of.
(J.B.PARDIWALA, J.) Mohandas Page 5 of 5 HC-NIC Page 5 of 5 Created On Sun Oct 04 02:07:01 IST 2015