NAURATA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an unfortunate case where the petitioner has ap proached this Court for the third time with a prayer that the respondents be directed to register a case relating to the death of his son Rajinder Kumar, in police custody.

(2.) The basic question that falls for determina tion before us in the present case is whether the police has any discretion of authority to conduct an enquiry to find out if informant is reliable to genuine or otherwise and that the information is reliable or credible, before registering a, case, specially in the circumstances where the informa tion discloses a cognizable offence.

(3.) The undisputed facts are that one Shri Rajinder Kumar, hereinafter referred to as the deceased, son of the petitioner was arrested by the police on 6-10-1991 in a case under Section 292 of the Indian Penal Code registered under F.I.R. 215 dated 6-10-1991. Constable Inder Singh No. 1021 of Police Station, Mullana had arrested the deceased. On the same day at about 12.25 P.M. said Rajinder Kumar was declared dead by the doctor of Primary Health Centre, Mullana. D.D.R. No. 35 is stated to have been recorded in the Roznamcha regarding unnatural death of the de ceased on 7-10-1991. Post-mortem examination on the dead body was conducted in the General Hospital, Ambala, at 5.20 P.M. on 7-10-1991. In the report of post-mortem injury No. 4 at the back of bead of the deceased which was bleeding and where was swelling in front and behind, was considered to be fatal. The Board of Directors on the basis of the various injuries on the body of the deceased and specially injury No. 4 opined as under :-