6 hrs ago
Reasi Court Orders FIR After Police Delay in Death Case
A man was found dead, hanging from a tree, in June.
His brother told the court that the man had problems with his estranged wife and accused her and others of killing him.
Those claims have not been established in the report.
The brother said police had not filed a case after he complained.
The police had started an inquest, which is a limited process for looking at an unusual or unexplained death.
A judge said that an inquest is not the same as investigating a possible crime.
She said police should not decide whether a complaint is believable before registering an FIR when it describes a possible serious offence.
The judge ordered police to register an FIR in this case.
A man’s body was found hanging from a tree near his estranged wife’s parents’ home on June 24.
The man’s brother alleged that 10 people, including the wife and her son, killed him and staged the death as suicide.
The brother said police did not register a case despite written complaints and instead began inquest proceedings.
Chief Judicial Magistrate Geeta Kumari said police must register an FIR when information indicates a cognizable offence, without first assessing its credibility.
The court directed police to register an FIR, explaining that inquests determine the apparent cause of death while investigations examine possible crimes.
- Who
- The deceased man’s brother sought an FIR; Chief Judicial Magistrate Geeta Kumari issued the order.
- What
- The court directed police to register an FIR concerning the man’s death.
- Where
- Reasi district, Jammu and Kashmir.
- When
- The man’s body was found on June 24; the court issued its judgment last week, according to the report.
- Why
- The court said the allegations could indicate a cognizable offence and that police should not conduct a credibility inquiry before registering an FIR.
Key facts
- Location
- Reasi district, Jammu and Kashmir
- Date body was found
- June 24
- Court
- Chief Judicial Magistrate, Reasi
- Judge
- Geeta Kumari
- Complainant
- The deceased man’s brother
- Requested action
- Register an FIR
- Police proceedings before the order
- Inquest proceedings
Quotes
Geeta Kumari
Chief Judicial Magistrate in Reasi district
“inquest proceedings relate to ascertainment of apparent cause of death of a person who has died under mysterious circumstances, whereas proceedings pertaining to investigation relate to detection of the crime and all attending matters, including the apprehension of the culprits.”
indianexpress.com
“Any such practice would be contrary to the established principles of criminal law.”
indianexpress.com
Sources
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