RANJANBEN RAMESHBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PURSUANT to registration of a first information report being Hansot Police Station II C.R. No.26/1995 for the offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code, Shri Rameshbhai Khushalbhai Parmar, husband of the petitioner herein came to be arrested on 6th May, 1995. While in custody, on 7th May 1995, at about 01:30 hours, he complained of stomach ache and uneasiness and was taken out of the lockup and steps were taken to make arrangements for taking him to the hospital. However, before he could be taken to the hospital, he expired. Since the death had occurred under suspicious circumstances, on 14th August 1995, an inquiry was directed under Section 174 of the Code of Criminal Procedure, 1973 (the Code). The Sub -Divisional Magistrate recorded the statements of witnesses as well as doctors who had performed the autopsy of the dead body of the deceased and upon conclusion of the inquiry, opined that the deceased may have died suddenly due to stomach problem and that the death was not caused due to excessive beating. He, accordingly, forwarded a report dated 18th September 1995 to the District Magistrate, Bharuch.

(2.) IT appears that one Tehmtan Sam Nanavati, a practising advocate, taking recourse to a newspaper report alleging custodial death, filed a petition before this Court being Special Criminal Application No.858 of 1995 requesting the Court to take cognizance and direct the State Government to pay compensation to the legal heirs of the deceased. The said writ petition came to be dismissed by a judgment and order dated 22nd February 1996, wherein the Court has observed as follows :

(3.) SUBSEQUENTLY , after a lapse of more than two years since the date of the aforesaid judgment and order, the petitioner has moved the present petition seeking the following substantive reliefs :