SURESH KUMAR Vs. STATE OF UTTARAKHAND & ORS.

JUDGEMENT

(1.) Brief facts of the case are that daughter of petitioner Km. Yukti who was a student of 1st year nursing course in All India Institute of Medical Sciences, Rishikesh, District Dehradun (respondent no. 4) was found dead in her hostel room on 24.06.2014, whereafter her dead body was taken in emergency at Government Hospital, Rishikesh, District Dehradun. Information to this effect was given to the SHO, P.S. Kotwali, Rishikesh on the same day. Thereafter, inquest of the dead body of deceased Km. Yukti was conducted on 25.06.2014 at about 12.30 pm by the police. This information of death of Km. Yukti was sent to the petitioner by the Administrative Officer of respondent no. 4, after which the petitioner immediately came at Rishikesh. Petitioner suspected murder of his daughter, as on 24.06.2017 at about 8 pm, his daughter had told him on telephone that authorities of respondent no. 4 are teasing her. According to the petitioner, as death of his daughter was unnatural, he tried to lodge the report but the police did not lodge the first information report.

(2.) section 154 of Cr.P.C., 1973 casts a duty upon the officer in charge of a police station to lodge a first information report in a cognisable offence. For ready reference, section 154 of Cr.P.C., 1973 is extracted hereunder:

(3.) The Constitutional Bench of the Hon'ble Apex Court in the case of Lalita Kumari v. Government of Uttar Pradesh and others, (2014) 2 Supreme Court Cases 1 , has held that it is the duty of police to lodge the first information report on receipt of information disclosing commission of a cognisable offence. Paragraphs 72, 73, 74 and 75 of the judgment are relevant, which are reproduced hereunder: