Judicial enquiry in matters alleging custodial death cannot be allowed to drag for long: Allahabad HC

The High Court of Judicature, Allahabad in the case of Suresh Devi and Anr. v/s State of U.P. and 13 Ors. ruled that Judicial enquiry in the matters alleging custodial death cannot be allowed to drag for a long time.

The petitioner have field the petition invoking jurisdiction of the Court under Article 226 of the Constitution of India with the allegation that petitioner’s son has been murdered in the police custody in the intervening night, while he was in police custody under Section 366 I.P.C., Police Station.

The petitioner also prayed to protect their life and liberty as their son was subjected to torture and murder as he had contracted inter caste marriage out of his own free will.

The petitioner contended that the authorities have been most unfair in dealing with the grievance raised by the petitioners.

The petitioner also contended that neither any post mortem has been carried out nor the body has been buried and instead the police personnels have cremated the body contrary to all settled norms.The division bench of Justice Ashwani Kumar Mishra and Justice Deepak Verma noted that judicial enquiry under Section 176 (1)A cannot be allowed to drag for so long. These are instances which have to be viewed with greatest sensitivity and concern.

The court directed the Registry to enquire from the District Judge, Bulandshahar as to when the enquiry report has been submitted in the matter and, in the event, such a report is not submitted, the explanation of the Judicial Officer in that regard shall be placed before it by the next date fixed as a period of more than one year has expired.

Click Here To Read Original Order / Judgement

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