Excelsior Correspondent
Srinagar, Nov 18: High Court has directed police to register the FIR and investigate the case of death of a person through some efficient police officer for its speedy conclusion.
It is during the intervening night of 31.01.2019 that and 01.02.2019 one Rajesh Kumar developed some pain in his chest and he was rushed to the Hospital at Katra, wherefrom he was referred to Government Medical College Hospital, Jammu for treatment, but by the time he reached the Hospital, he had already breathed his last.
Upon the death of the deceased, the police of Police Station, Katra initiated inquest proceedings under Section 174 of J&K Cr.P.C and the dead body of the deceased was subjected to post mortem and during the pendency of inquest proceedings, one of the private respondent approached the Sub-Judge Katra by way of an application under Section 156(3) of J&K Cr.P.C, urging the Magistrate to direct registration of FIR.
It was alleged in the complaint that the deceased Rajesh Kumar had been murdered and upon receipt of the complaint, the Sub-Judge Katra called report from the Police Station, Katra.
The order of the Sub-Judge Katra came to be challenged before the High Court on the grounds that the Magistrate, while passing the order of registering FIR overlooked the guidelines laid down by the Supreme Court.
Justice Sanjay Dhar after having regard to the fact that the occurrence has taken place more than one and a half years ago and the police is yet to investigate into the circumstances in which the death of the deceased has taken place.
Court directed the police to register the FIR in the matter and hand over the investigation of the case to some efficient police officer so that the investigation of the case is concluded expeditiously after taking into consideration all aspects of the matter.
Court said the order of Magistrate for registering the FIR would not make the said order unsustainable in law and in fact, the Magistrate while passing the impugned order has taken pains to deal with this aspect of the matter and has come to right conclusion by holding that the complaint file contains clear and precise facts disclosing the commission of cognizable offence.
“While doing so, the Magistrate has noticed the background of matrimonial discord between the deceased and his wife as also the previous complaints made from time to time by the deceased against his in-laws as also the fact that the petitioners were present on the spot when the death of the deceased had taken place in mysterious circumstances, there was sufficient material before the Magistrate to conclude that cognizable offences had taken place which required investigation by the police”, Justice Dhar recorded in the judgment.
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