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1971 Supreme(HP) 66

M.H.BEG, CHET RAM THAKUR
HARSARUP DASS – Appellant
Versus
S. PADAMANABHAIAH – Respondent


Advocates Appeared:
S.S. Mittal, for Petitioner B. Sita Ram, Advocate General with O.P. Sharma, for Respondent.

JUDGEMENT

M. H. Beg, C.J. :- This is an application under Articles 226/227 of the Constitution for the issue of an appropriate order or direction to the Sub-Divisional Magistrate Nalagarh in the District of Simla, who is conducting a magisterial inquiry into the cause of a womans death under the orders of the District Magistrate of Simla. The object of that inquiry, as laid down by the District Magistrate is to inquire into questions.

1. "Whether there are reasonable apprehensions to believe that this death was a case of murder ?"

2. "Whether the local police acted promptly and properly in tackling this situation ?"

2. The petitioner in this Court is the husband of one Rukmani Devi who alleges that his wife was of an unsound mind and that she committed suicide on the night between 9th and 10th June, 1971, by lumping into a well at Nalaearh of which a report was made by one Rattan Lal Dandotra to the police station Nalaearh during the same night at 11-15 P.M. It appears that the Police held an inquiry into the cause of death in the course of which it took down statements of various persons including Rattan Lal Dandotra in the presence of respectable inhabitants of the neighbourhood as i















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