PREM LATA GANDOTRA Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking a direction to respondents nos. 1 to 3 to register a FIR under Section 302 RPC against one Shri Vijay paul Singh, SHO Police Station Pacca danga, Jammu in connection with the custodial death of her husband and also initiate departmental proceedings against him. It is alleged that respondent No. 4 without any authority of law arrested the husband of the petitioner and as a consequence of the arrest, petitioner's husband died in police custody. The allegation further reveals that on account of physical violence having been committed against the husband of the petitioner he succumbed to the injuries and died.

(2.) THIS court vide order dated 11. 8. 2005 directed the Chief Judicial Magistrate jammu to hold an enquiry against the custodial death of Mr. M. L. Gandotra, the deceased. The Chief Judicial Magistrate in pursuant to this direction conducted enquiry. He recorded findings on two aspects (a) cause of death and (b) lawful authority of the SHO to arrest the deceased. In respect of cause of death, chief Judicial Magistrate clearly stated that the deceased has died on account of heart attack. Relying upon the statement of the doctor it has been said that there are no marks of violence found on the body of the deceased. In respect of the arrest of the deceased the Magistrate has recorded the finding that SHO had no authority to arrest the deceased. The report forms part of the court file.

(3.) RESPONDENT No. 4 has filed his objections. He has stated that the deceased has died on account of heart attack. However it has been admitted that the deceased had wrongly parked the vehicle to which SHO had objected. This resulted in exchange of hot words between the SHO and the deceased. SHO arrested him and as a result of which he was taken into custody under section 54 of Code of Criminal Procedure. However, the deceased on reaching the police station developed some discomfort and was rushed to the Hospital where he died on account of heart attack.