RAN SINGH SIKARWAR Vs. STATE OF M P

JUDGEMENT

(1.) This is an unfortunate case in which the petitioner's son suffered burn injuries while in police custody and thereafter died in the hospital. The petitioner has prayed for quashing the acceptance of the final report by the Chief Judicial Magistrate, Morena, for investigation by the Central Bureau of Investigation and for compensation of Rs. Ten Lakhs from the State Government for the death of his son.

(2.) The facts briefly are that on 22-8-1996 the petitioner's son Devendra Singh while moving at the Railway Station, Morena, was taken into custody by the Police for inquiry and brought to the City Kotwali, Morena, where he suffered burn injuries. He was then moved to the Gwalior Jaya Arogya Medical College Hospital, where he died on 24-8-1996. The District Magistrate/Collector, Morena, ordered a magisterial inquiry and the Sub Divisional Magistrate, Morena, made the inquiry and submitted a report, which was accepted by the State Government. Crime No. 547/96 under Section 309 of the Indian Penal Code was registered by the Police and Crime No. 548/96 under Section 307/34 of the Indian Penal Code was registered on a written complaint of the petitioner. After Devendra Singh succumbed to his burn injuries in the hospital, Crime No. 548/96 was converted to an offence of murder. Both the crimes were handed over to the CID on 24-8-1996 for investigation. The investigation was completed on 26-5-1997 and a report was submitted to the higher authorities. A final report thereafter was submitted before the Chief Judicial Magistrate, Morena, on 31-3-1999 recommending the closure of the case registered at Crime No. 548/96 and the Chief Judicial Magistrate, Morena, accepted the final report on 14-5-1999.

(3.) Mr. Ajay Mishra, learned Senior Counsel appearing for the petitioner, submitted that under Section 173 (2) (ii) of the Code of Criminal Procedure (for short the 'Cr.PC'), the petitioner being the informant was entitled to a copy of the final report. He further submitted that as per the law laid down by the Supreme Court in Bhagwant Singh v. Commissioner of Police and Anr. AIR 1985 SC 1285, the petitioner was also entitled to an opportunity of hearing at the time of consideration of the final report by the Magistrate. He cited the judgment of Supreme Court of India Public Service Commission v. S. Papaiah and Ors, the Supreme Court while following the aforesaid decision Bhagwant Singh (supra) held that omissions on the part of the Magistrate to issue notice to the informant and to afford him an opportunity of being heard at the time of consideration of the final report, vitiates the order accepting the closure report. He submitted that a copy of the final report was not furnished to the petitioner and no opportunity of hearing was granted to the petitioner at the time of consideration of the final report and, therefore, the acceptance of the final report by the Chief Judicial Magistrate, Morena, was illegal.