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2002 Supreme(Del) 711

B.A.KHAN, V.S.AGGARWAL
ABHAY NATH DUBEY – Appellant
Versus
STATE OF DELHI – Respondent


B. A. KHAN

( 1 ). The matter raises an interesting issue viz. whether recourse to inquest proceedings u/s. 174 Cr. P. C. obviates the requirement of registration of FIR and whether negative inquest report closes the case for good and operates as bar against such registration and follow-up investigation.

( 2 ). Petitioner s son, Markandey Dubey died in alleged suspicious circumstances. He was married to one neelam on 7. 2. 1991 and was living with her at his father-in-law s place with one Ram Nandan, a tenant there. Petitioner claims to have received a telephonic message on 6. 6. 1996 that his son was in a serious condition taken to RML Hospital where he was declared brought dead. He alleges that, even though, ha had informed police officials of P. S. Patel Nagar about the suspected murdered of his son but his pleas went unattended. He later approached them for registration of FIR, but no action was taken. He then waited for 20 days or so and formally lodged a complaint in writing with Delhi Police Commissioner on 25. 6. 1996 for which he was was threatened. He lodged a second complaint on 23. 7. 1996 and meanwhile, one Devender Mishra, other tenant of the house informed him on 1. 6.
























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