SHARMILA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed Complaint Case No. 378C of 2002 alleging therein that the police officials namely one Surendra Prasad, Jamadar of Sono P.S. and Dafadar Kapildeo Singh alongwith other constables took away her husband Nasiruddin Ansari from the house of one Chedi Yadav, where he had gone to play loudspeaker on the eve of marriage, on the plea that he was a suspect in a case of arson and loot. It was further alleged that the police officials tortured her husband and subsequently he succumbed to the injuries on 25.5.2002 at 9 A.M. Thereafter a wide protest in connection of death of her husband was made by the local people and they had blocked the road against alleged barbarian act of the police. The aforesaid complaint was filed on 28.5.2002. It appears that on the direction of learned Magistrate under Section 156(3) Cr.P.C. a regular police case being Sono P.S. Case no. 62 of 2002 dated 21.7.2002 was instituted under Section 304 of the Penal Code.

(2.) HOWEVER , the police after investigation submitted final report finding the accusation against the police personnel to be false. The aforesaid final report was accepted by the learned Magistrate and the case proceeded on the basis of pro - test -cum -complaint filed by the complainant on 28.6.2002. The grievance of the petitioner is that the respondent -Police in the meantime produced a fake lady for recording her statement under Section 164 Cr.P.C. before the learned Magistrate on 28.3.2003.

(3.) LEARNED counsel for the petitioner submits that the aforesaid lady impersonating herself to be the petitioner has made collusive statement in league with the police. He submits that if the thumb impression put on the aforesaid statement recorded under Section 164 Cr.P.C. is verified with the admitted thumb impression of the petitioner, it would appear that the same is of another woman. The petitioner pleads for examination of such thumb impression by a forensic expert.