Court No. - 3
Case :- WRIT - C No. - 25189 of 2020 Petitioner :- Braj Bhushan Lal Sharma Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents and perused the record.
The prayer in this petition is to issue a direction upon the respondents to take appropriate decision on the pending application/complaint moved by the petitioner through his daughters, after making inquiry in respect of death of the petitioner's son in suspicious circumstances.
From the averments made in paragraph nos. 4 and 5 of the petition it appears that the son of the petitioner took ill on 06.08.2019. He was rushed to the hospital where he was diagnosed brain haemorrhage and five days later he died on 10.08.2019 in the hospital and his last rites were performed without conducting post mortem.
Under the circumstances, if the petitioners have reasonable information to draw an inference that the death of petitioner's son was a result of some foul play or an offence, it is always open for the petitioner to lodge a first information report or a complaint by disclosing material facts leading to such an inference and, in case the first information report is not lodged, he can invoke the jurisdiction of the Magistrate concerned under Section 156 (3) Cr.P.C., but since no post mortem of the petitioner's son was conducted, and body has already been cremated, no useful purpose will be served in issuing direction to the respondent to hold an inquiry into the matter .
With the aforesaid observations and liberty the petition is disposed off.
Order Date :- 8.1.2021 SY