Himachal Pradesh High Court
Meenakshi Sharma vs State Of H.P. & Others on 13 July, 2018
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No. 120 of 2016.
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Reserved on : 6th July, 2018.
Decided on : 13th July, 2018.
Meenakshi Sharma .....Petitioner.
Versus State of H.P. & Others Coram:
r to The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
....Respondents.
Whether approved for reporting?1 Yes.
For the Petitioner: Mr. Subhash Sharma, Advocate.
For the Respondents: Mr. Hemant Vaid, Addl. A.G. with Mr. Yudhveer Singh Thakur and Mr. Vikrant Chandel, Dy. Advocate Generals.
Sureshwar Thakur, Judge.
The petitioner herein, is, aggrieved by the orders, borne in Annexure P-17, whereby the learned trial Magistrate, after accepting the closure report submitted 1 Whether reporters of the local papers may be allowed to see the judgment?
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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 ::: Downloaded on - 18/07/2018 23:01:22 :::HCHP ...3...
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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, ::: Downloaded on - 18/07/2018 23:01:22 :::HCHP ...4...
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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.
(Sureshwar Thakur) 13 th July, 2018. Judge.
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