Investigation of unnatural death case by police

“When there  is denial of existing of the possibility of a natural or accidental death, then  bring it within the purview of the ‘death occurring otherwise than in normal circumstances”

Provisions in the Criminal Procedure Code

174. Police to inquire and report on suicide, etc.

(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted. Continue reading “Investigation of unnatural death case by police”

Whether anonymous letter sent in the name of a Judge can be entertained as Public Interest Litigation?

It is well settled that a public interest litigation can be entertained by the Constitutional Courts only at the instance of a bona fide litigant. The author of the letter in this case is anonymous, there is no way to verify his bona fides and in fact no effort was made by the Court to verify about the authenticity, truth or otherwise of the contents of the petition. Continue reading “Whether anonymous letter sent in the name of a Judge can be entertained as Public Interest Litigation?”

Power of the police to investigate has been made independent of any control by the Magistrate

In S.N. Sharma vs. Bipen Kumar Tiwari and Ors. [(1970) 1 SCC 653].,this Court took the view that there is no mention of any power to stop an investigation by the police. The power of the police to investigate any cognizable offence is uncontrolled by the Magistrate, and it is only in cases where the police decide not to investigate the case, the Magistrate can intervene and either direct an investigation, or, in the alternative, himself proceed or depute a Magistrate subordinate to him to proceed to enquire into the case. Continue reading “Power of the police to investigate has been made independent of any control by the Magistrate”