The Bombay High Court (Aurangabad Bench) passed an interim order, directing the police to promptly register an FIR for murder and related offences against police officers allegedly responsible for the custodial death of an inmate, following a damning judicial inquiry that revealed multiple injuries and gross human rights violations.
The matter arose from a writ petition filed under Article 226 by the mother of the deceased inmate, seeking registration of a criminal case, including under the SC/ST (Prevention of Atrocities) Act, against police personnel implicated in the death of her son, while in judicial custody at Parbhani in December 2024. The State resisted registration of an FIR and argued that investigation was ongoing under CID oversight, with medical opinions still being sought.
The petitioner alleged that the deceased inmate and other protestors, including women, were illegally arrested and brutalized by the police following protests near a Dr. Ambedkar statue. Despite visible injuries and complaints from families, police insisted that the deceased inmate died of a heart attack; however, a post mortem revealed “shock following multiple injuries” as the probable cause of death. A statutory judicial inquiry conducted by the Ld. Judicial Magistrate First Class, Parbhani found significant evidence of custodial violence and human rights violations, corroborated by witness statements and medical records.
The Bench comprising Justice Vibha Kankanwadi and Justice Sanjay A. Deshmukh found sufficient prima facie material, including the report of Magistrate’s inquiry as per Section 196 BNSS (formerly Section 176 CrPC) and 24 visible injuries in the post mortem. The Court emphasized that these conditions mandate immediate registration of an FIR as established in the case of Lalita Kumari vs State of UP[1], reiterating that police are duty-bound to register an FIR when a cognizable offence such as murder in custody is disclosed. The Court emphasized that, unlike routine cases, custodial deaths demand a higher standard of judicial vigilance and prompt action to protect constitutional and human rights.
Accordingly, the Court ordered the Police Inspector Mondha Police Station, Parbhani to register an FIR based on the petitioner’s complaint within one week, and directed the Superintendent of Police to entrust investigation to a police officer of the rank of Deputy Superintendent of Police. The order vacated previous interim relief and kept the rest of the writ petition pending on broader issues, including potential guidelines for custodial death cases.
Appearances:Â
Petitioner: Mr. Prakash Ambedkar, Advocate i/b Mr. M. B. Sandanshiv, Advocate
Respondents/State: Mr. A. B. Girase, Public Prosecutor
[1] (2014) 2 SCC 1