HARSARUP DASS Vs. S PADAMANABHAIAH

JUDGEMENT

(1.) THIS is an application under Articles 226/227 of the Constitution for the issue of an appropriate order or direction to the Sub-Divisional Magistrate Nalaearh in the District of Simla, who is conducting a magisterial inquiry into the cause of a woman's death under the orders of the District Magistrate of Simla. The object of that inquiry. as laid down by the District Magistrate is to inquire into questions.

(2.) THE petitioner in this Court is the husband of one Rukmani Devi who alleges that his wife was of an unsound mind and that she committed suicide on the night between 9th and 10th June. 1971, by jumping into a well at Nalaearh of which a report was made by one Rattan Lal Dandotra to the police station Nalagarh during the same night at ll-l5 P. M. It appears that the Police held an inquiry into the cause of death in the course of which it took down statements of various persons including Rattan Lal Dando tra in the presence of respectable inhabitants of the neighbourhood as is required by Section 174 Cr. P. C. for an inauest. No investigation into the commission of an offence had commenced as the police did not consider the evidence sufficient to start aninvestigation into analleged offence on the statement of Shri Rattan Lal Dandotra. Subsequently. hnwever, circumstances seem to have come to light from the post-mortem report and other matters which aroused the suspicions and feelings of the local inhabitants who approached the District Magistrate. It appears that Shri Rattan Lal Dandotra had also made serious allegations against the police for suppressing the real cause of death. He had alleged that his statement at the inquest under Section 174 Criminal P. C. presumably made before the respectable inhabitants of the neighbourhood had been wrongly taken down by the police.

(3.) IT appears that initially the inquiry. which is now taking place before the S. D, M. Nalagarh under the orders of District Magistrate of Simla was treated as what has been described as a purely "executive inquiry" for the purpose of ascertaining whether any executive action was required before any proceedings for an alleged offence including an investigation should take place. Hence. counsel were not allowed to appear at all. At that time the inquiry was being conducted by the S. D. M. . Kandahat Subsequently under orders of the District Magistrate counsel were allowed to appear and cross-examination of witnesses was also permitted in the course of the inquiry which is being held in public by the Sub-Divisional Magistrate of Nalagarh. Therefore Harswarup Dass, the petitioner before us who had been suspected of some foul play in connection with the death of hits wife engaged a counsel who has been permitted to cross-examine witnesses.