PRAMOD KUMAR SHUKLA Vs. STATE O

JUDGEMENT

(1.) VINOD Prasad, J. Custodial death is a slur on any civilised society. It projects criminality on the part of those who are custodians of law. Such crimes are inexcusable and deserve proper treatment. This case is one of such cases and has emanated from a very unfortunate incident. One Pappu Verma, a very young man at the prime age of his life, 37 years, lost his life in custody. His post-mortem was conducted on 25. 4. 2007 at 6. 15 p. m. In the postmortem examination report, a ligature mark was found on the upper part of his neck. The cause of his death was indicated as asphyxia as a result of ante-mortem hanging.

(2.) IN respect of the death of Pappu Verma, an application under section 156 (3) Cr. P. C. was filed by Babadeen, father of the deceased, on 26. 4. 2007. The j allegations levelled in the application under section 156 (3) Cr. P. C. were that Babadeen is a very poor person and his son aforesaid Pappu Verma (deceased) was detained in prison under the NDPS Act and he was being produced before the Court of law on the date of remand. Whenever Pappu Verma met Babadeen on the dates of his remand, he used to make complaints about P. K. Shukia, Jail Superintendent, Deputy Jailor Umesh Singh, constable Raman Prasad and constable Kaushal Kishore regarding demand of money of Rs. 1000/- from him and for non-fulfillment of the same assault him. Applicant Babadeen being a very poor person, could not arrange the said money. It was further alleged that, on 25. 4. 2007, because of non-fulfillment of the aforesaid demand the aforesaid Pappu Verma was done to death by the aforementioned accused, persons and to cover up their design, accused persons have projected the crime as a suicide and sent the dead body for post-mortem examination. With such allegations, the complainant filed an application under section 156 (3) under Chapter XII Cr. P. C. relating to power of police to register the FIR of cognizable offence and investigate the offence disclosed, invoking administrative jurisdiction of the Magistrate to direct the police to register the FIR of a cognizable offence as, according to the applicant, the police have failed to register his FIR of cognizable offences regarding death of his son Pappu Verma.

(3.) I have heard Dr. L. P. Misra, assisted by Sri Sharad Pathak and Sri Sanjay Misra, Advocates in support this application and Smt. Suniti Sachan, learned AGA, on behalf of the State and Sri Farooq Ayub, learned Counsel for Babadeen, the victim.