MUNSIFFULLA KHAN Vs. STATE BY DOBBASPETE POLICE STATION

JUDGEMENT

(1.) Whether the impugned order of the Principal Civil Judge and JMFC, Nelamangala in Crime No.206/2019 of Dobbaspet Police Station remanding the petitioner to the Police custody amounts to abuse of process of the Court and has lead to failure of ends of justice"? is the question involved in this case.

(2.) The petitioner is the husband of Heena Kausar @ Hajirabi. They were married 14 years prior to 24.12.2019 and have two sons aged 9 years and 7 years respectively. Heena Kausar @ Hajirabi died on 24.12.2019 at about 2.00 p.m. in the house of the petitioner in Kuthaghatta village of Nelamangala Taluk.

(3.) Heena Kausar's brother reported to Dobbespet Police/respondent that his sister Heena Kausar is dead and there are some injuries on her dead body. He requested to ascertain the cause of her death by medical examination. On such report Dobbespet Police registered UDR No.42/19 under Section 174 Cr.P.C. as an unnatural death case. Thereafter inquest mahazar and PM examination were conducted on the dead body of Heena Kausar. The post mortem report stated that death was due to asphyxia as a result of smothering and homicidal one.