ABHAY NATH DUBEY Vs. STATE OF DELHI

JUDGEMENT

(1.) . The matter raises an interesting issue viz. whether recourse to inquest proceedings u/s.174 Cr.P.C. obviates the requirement of registration of FIR and whether negative inquest report closes the case for good and operates as bar against such registration and follow-up investigation.

(2.) . Petitioner's son, Markandey Dubey died in alleged suspicious circumstances. He was married to one Neelam on 7.2.1991 and was living with her at his father-in-law's place with one Ram Nandan, a tenant there. Petitioner claims to have received a telephonic message on 6.6.1996 that his son was in a serious condition taken to RML Hospital where he was declared brought dead. He alleges that, even though, ha had informed police officials of P.S. Patel Nagar about the suspected murdered of his son but his pleas went unattended. He later approached them for registration of FIR, but no action was taken. He then waited for 20 days or so and formally lodged a complaint in writing with Delhi Police Commissioner on 25.6.1996 for which he was was threatened. He lodged a second complaint on 23.7.1996 and meanwhile, one Devender Mishra, other tenant of the house informed him on 1.6.1996 that his son was murdered by Ram Nandan and Neelam. This constrained him to file Crl.W.P.714/1996 which was opposed by respondents on the ground that his complaint was found without substance. This petition was eventually disposed of by order dated 6.11.1999 requiring DCP (West) (R-3) to treat it as a complaint and to inquire into it under law. Even so, nothing was done in the matter and no FIR was registered. On the contrary, he was informed by communication dated 4.12.1999 by R-4 that his complaint was found without any substance.

(3.) . Petitioner challenges this communication and seeks its quashment and also a direction to respondents to register a case against these suspects named by him in his complaint u/s 302/34 IPC.