- (1.) R. C. Deepak, J. Initially the present criminal miscellaneous writ petition was filed by Bhopal Singh son of Jile Singh resident of Village Ghasipur, Police Station Mansoorpur, District Muzaffarnagar, but he died on 13-3- 1998. Smt. Shobha wife of Bhopal Singh has been substituted on his place and now she is the petitioner therein.
(2.) COUNTER-affidavit and rejoinder affidavit are on record. The brief facts giving rise to this writ petition are that Kamran Steel Pipe Limited was situated at Raja Chowk, Meerut Road By-pass. It is alleged that the theft of the materials of this Factory were continuously being committed for the past two months, that on 15-9-1996 (time not mentioned) Devendra Kumar Sharma (Director of the Factory) son of Mangat Ram Sharma resident of Gandhi Colony, Gali No. 10, Muzaffarnagar found one Satish Kumar son of Bhopal Singh resident of Village Ghasipur, Police Station Mansoorpur, District Muzaffarnagar selling one electric motor of 5 horsepower and 2 millgolle of the factory and the instruments/key and iron rod allegedly used in committing the theft were also recovered from his possession. He (Satish Kumar) was taken to the Police Station Civil Lines alongwith the aforesaid materials where Devendra Kumar Sharma lodged the report in this regard and a case as case crime No. 314 of 1996 under Sectionss 380, 411 IPC was registered there at 1. 30 p. m. against Satish Kumar, the copy of the FIR is Annexure-I. Thereafter at 22. 35 p. m. Satish Kumar was taken into custody of the Police of the Police Station concerned. The police personnel noticed the presence of the certain injuries on his person and his injuries were noted at report No. 34 in the G. D. dated 15-9- 1996. Thereafter, Constable No. 1138 Virendra Singh and Constable No. 224 Arun Kumar of this Police Station had taken him to the District Hospital, Muzaffarnagar for medical examination where the Doctor on emergency duty examined Satish Kumar. On 15-9-1996 at 9. 45 p. m. he found the following injuries on his person: (1) Multiple contused swellings on the (L) upper limp from arm to base of fingers, reddish blue in colour. . . . . . . . . (L) elbow. (2) Traumatic swelling on the (R) fore-arm, back of wrist and hand, blackish blue in colour. (3) Multiple abraded contusion on the (L) leg lower part. . . . . . . . 2 c x 1 c to 0. 54 x 0. 54. Opinion : All injuries are caused by hard blunt objects. Injury Nos. 2, 3 are simple, fresh. Injury No. 1 is kept for observation for X-ray. He was brought back at the said Police Station where he was relodged at 10. 45 p. m. Satish Kumar was produced before the Court concerned on 16-9-1996 at 1. 45 p. m. where from he was remanded to the judicial custody. Consequently, he was lodged in the District Jail, Muzaffarnagar the same day at 1. 06 p. m. It is alleged that his condition became serious inside the jail and he was allegedly provided some medical treatment. Satish Kumar was found dead at 4. 40 a. m. on 17-9-1996 in the jail. The dead-body of the deceased was sent to the mortuary for conducting the post-mortem and on 18-9-1996 at 1. 45 p. m. the post-mortem was conducted. The introduction of the injuries on the person of the deceased as deducted in the post-mortem examination report would be a repetition of the injuries as most of the injuries are as earlier referred to above.
(3.) THE doctor could not determine the cause of death of the deceased and preserved the viscera. THE viscera was sent for chemical analysis and the chemical examiner report dated 19-12- 1996 indicates the presence of Alcoholic Poison. THE chemical examiner report is C. A.-II. Bhopal Singh, the father of the deceased made an application dated 17-9-1996 to the Superintendent of Police, Muzaffarnagar and copies to His Excellency the Governor of U. P. , D. I. G. and I. G. , Meerut, District Magistrate, Muzaffarnagar for lodging the report in regard to the death of his son, Annexure-4 is the copy of the application. THE facts further reveal that an inquiry in regard to his death was conducted by Ajay Rautela, the Circle Officer, Nagar Police, Muzaffarnagar. THE inquiry report dated 17-3-1997 (C. A. II) reveals that the deceased had suffered injuries at the hands of the public at the time of his being apprehended, that he had suffered some internal injuries as a result he had died but has also referred the viscera report to have died of Alcoholic poison. The prayers sought in the writ petition are inter alia to direct the registration of a criminal case against the respondents No. 3 and 4. The investigation of the case so registered be entrusted to CB-CID and to award a sum of Rs. 5 lacs as compensation to the petitioner.;