ANAL HAQUE Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) This is another shocking case where the Police Officials in the State of Tripura have totally violated the law laid down by the Apex Court and reiterated by this Court in a number of cases and have refused to register an FIR despite a complaint in writing being filed to the Superintendent of Police that a cognizable offence has been committed.

(2.) The undisputed facts are that one Kamal Haque collapsed on 7th May, 2015 (late night). He was rushed to the hospital and on 8th May, 2015 at 00.55 hours just after midnight the attending doctor sent written information at Sonamura police station that one Kamal Haque aged 27 years was brought dead to the hospital and the doctor, also requested that the body may be subjected to postmortem.

(3.) The police registered a U/D Case No.05 of 2015 on 8th May, 2015 under Section 174 Cr.P.C. Proceedings under Section 174 Cr.P.C are only to carry out an inquest on the body to find out the nature of injuries, the nature of the weapon of offence, if any, used and to ascertain the cause of death if possible. The postmortem was conducted and in the postmortem report no external injuries were found on the body of Kamal Haque. Inquest was carried out by SI, Drabajoy Reang and the body of Kamal Haque was identified by his younger brother, Manir Hossain and two other persons of the locality who are also stated to be his relatives. According to the police in the inquest report it is written that the primary evidence reveals that the deceased had died due to a stroke. The inquest report is signed by Manir Hossain, Gulam Hossain, and Jahangir Hossain. Statements of these persons have been allegedly recorded by the officer conducting the inquest.