JUDGMENT

R.S. Pathak, C.J.I. - A telegram was received by this Court from the petitioner, Mohan Lal Sharma stating that his son Sanjay, aged 17 years/was arrested by the Agra Police on 10 October; 1986 at 9 OClock in the morning and that telegraphic information had, been sent by him to the Senior Superintendent of Police and the District Magistrate, Agra at 6 O Clock in the evening on the same day but this had led to no action. He stated further that the Police did not produce Sanjay before any Magistrate on at 11 October 1986. He alleged that San jay was murdered by the Police in the Police lock-up and that the lock-up was washed by the Police resulting in the disappearance of material evidence. The case was registered as a writ Petition in this Court and notice was issued to the State of Uttar Pradesh.

2. A counter affidavit on behalf of the State was filed by H.K. Shukla, Sub Inspector, Police Station Madanmohan Gate, Agra. The counter affidavit alleged that Chhote (another name for Sanary) was wanted by the Police in connection with two criminal cases, that he had been absconding since the registration of the cases and proceedings under section 83 of the Code of Criminal Procedure had been instituted against him and charge sheets in the two cases had been submitted in the Court for his trial. It is said that he was arrested on 11 October 1986 at about midday at the Police Station Madan Mohan Gate, Agra. It is alleged that on arrest he was taken to the Police tock-up in the Police Station. After some time, it is said, he asked for water for visiting the toilet. According to the counter affidavit, the Police constable on duty, Raghubir Prasad, gave him a bottle of water outside the lock-up room, and thereafter Chhote is said to have entered the lock up toilet with the bottle. Shortly thereafter, about 3.50 p.m., Head Constable, Rajinder Singh and other employees at the Police Station are alleged, to have heard some groans proceeding from inside the toilet, and on the door being opened Chhote was found lying in the toilet with a bloodstained broken bottle in his hand, and blood oozing out from the inner portion of his right thigh. It is said that he was taken to the Emergency Department of the S.N. Medical Hospital, two hundred wards from the Police lock-up, by Constable Varinder Singh and about 4.00 p.m. the doctor present in the Emergency Department examined him and declared him dead. A case of suicide under Section 309 IPC was registered by Head Constable Rajinder Singh at 3.55 p.m. It is admitted in the counter affidavit that the father of the deceased Chhote made a written report the Police Station regarding the death of his son, on t1te basis of which a case under s. 302 read with section 342 I.P.C. was registered at 7.00 p.m on 11 October 1986. A post-mortem was conducted the same night on the dead body, and five an temortem injuries were found by the doctor, that is to say, a contusion on the front of the right elbow, abrasions on the outer aspect of the left fore-arm, a lacerated wound, muscle deep, On the front inner aspect of the right thigh, six inches above the right knee, a contusion on the right side of his back below the lower angle of the right scapula, and a contusion on the left upper scapula region of the back. A big vein and an artery on the right thigh were found ruptured. According to the doctor, the death was occasioned by hock and haemorrhage as a result of the injury to the thigh. The doctor, on investigation by the Investigating Officer, stated that the injury to the thigh could have been self-inflicted and could have been caused by a broken bottle.

3. The counter affidavit further states that a Magisterial Inquiry by the City Magistrate, Shri S.P. Singh was under way into the incident under the orders of the District Magistrate. It is admitted that a telegram dated 10 October 1986 was received from the son-in-law of the petitioner but, no action was taken upon it because it was reported by the