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2024 Supreme(HP) 392
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
TARLOK SINGH CHAUHAN, ACJ, SATYEN VAIDYA, J.
Baldev - Petitioner
Versus
State of H.P. & Others - Respondents
Cr.W.P. No. 14 of 2024
Decided on: 12-12-2024
Advocate Appeared:
For the Petitioner:Mr. Raman Jamalta, Advocate
For the Respondent:Ms. Priyanka Chauhan, Deputy Advocate General. Mr. Sanjeev Chauhan, Addl. S.P., Sh. Rajesh Thakur, Dy.S.P. Sh. Munesh Raj Sharma, Inspector, Sh. Arjun Singh, SI, HC Diwan Chand and HC Rajesh Kumar
Police must register an FIR immediately upon receiving information of a cognizable offence, as mandated by law. Failure to do so violates victims' rights and undermines public trust.
Headnote:(A) Constitution of India - Article 21 - Code of Criminal Procedure, 1973 - Section 154 - Non-registration of FIR - Police failed to act promptly upon receiving information regarding a cognizable offence, thereby violating the victim's rights - Duty of police to investigate objectively without bias, leading to inquiries being inadequate and misleading. (Paras 41, 46, 51, 52)
(B) Legal principles on FIR registration - An FIR must be registered immediately if information reveals a cognizable offence, as established in Lalita Kumari v. Government of U.P. (2014) 2 SCC 1. (Paras 120.1, 120.5)
(C) Evidence handling and investigation standards - The police's conduct suggested a failure to adhere to investigation protocols and undermined public trust. (Paras 44, 53)
Facts of the case:
Vaibhav Yadav died under suspicious circumstances after falling from a hotel balcony in Tosh, and the investigation by local police faced allegations of misconduct and bias.
Findings of Court:
The court determined that the police conducted a superficial inquiry into the incident, insufficiently addressing the circumstances surrounding the death, thus violating the constitutional rights of the victim.
Issues: Whether the police's failure to register an FIR constituted a violation of legal protocols, and if their actions reflected negligence in addressing a possible cognizable offence.
Ratio Decidendi: The court emphasized that the police must register an FIR as soon as they receive information suggesting a cognizable offence, underscoring the state's duty to uphold victims' rights and ensuring impartial investigations.
Result: FIR directed to be registered and investigation transferred to the CBI.
| Table of Content |
|---|
| 1. factual background of the incident. (Para 1 , 2 , 3) |
| 2. police investigation details and findings. (Para 6) |
| 3. respondents' assertion of fair investigation. (Para 7 , 8 , 9 , 10) |
| 4. details of police procedures and compliance. (Para 11 , 12) |
| 5. court's observations on police delay and response. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. critique of police investigations and conclusions. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. concerns over police conduct and evidence handling. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 8. discussion on police inaction and victim's rights. (Para 40 , 41 , 42 , 43 , 44 , 45) |
| 9. legal obligations regarding fir registration and investigation. (Para 46 , 47 , 48 , 49 , 50 , 51) |
| 10. final orders and directions from the court. (Para 52 , 53 , 54 , 55 , 56) |
JUDGMENT :
Satyen Vaidya, J.
1. On 9.12.2023 four young students from Haryana namely Vaibhav Yadav, Kushagra, Shashank Sharma and Ritika Mittal had visited a place named ‘Tosh’ in District Kullu, Himachal Pradesh. One of them i.e. Vaibhav Yadav died in the evening.
2. The police on receipt of information about the incident had reached the spot, but did not find any foul play. On 11.12.2023, the body of Vaibhav Yadav was handed over to his relatives after post-mortem.
3. On 14.02.2024, Sh. Baldev Yadav (letter petitioner herein) father of deceased Vaibhav Yadav submitted a written request to the Director General of Police, Himachal Pradesh with a copy to SHO, Police Station, Kullu suspecting foul play in the death of his son mainly for the following reasons:
(i) Uncooperative attitude of the Police officials with the relatives of deceased on 10.12.2023. Allegedly, despite request by the uncle of deceased, the three companions of deceased and hotel staff was not questioned in his presence.
(ii) Questions were raised over the conduct of one trainee IPS officer named Vinay Yadav. He had allegedly used his influence on the local police.
(iii) Post incident conduct of Kushagra, Shashank and Ritika.
(iv) A question was also raised about deceased being alone in the room on the pretext of ill health, whereas the father of Kushagra had allegedly disclosed to the complainant during telephonic conversation that Kushagra, Shashank and Ritika were also unwell and were vomiting.
4. In response to the complaint of Shri Baldev Yadav, on 6.3.2024 the Superintendent of Police, Kullu entrusted a fact-finding enquiry to the Additional Superintendent of Police (for short, ‘the ASP’) Kullu Mr. Sanjeev Chauhan.
5. Further, being dis-satisfied with the conduct of police, Sh. Baldev Yadav submitted a letter petition to Hon’ble the Chief Justice of this Court dated 10.07.2024. In this backdrop the instant criminal writ petition came to be registered.
6. In the first instance, respondents 1 and 2 filed their reply dated 17.8.2024. They came up with a version that all the four friends i.e. Vaibhav Yadav, Kushagra, Shashank Sharma and Ritika Mittal had hired two rooms on 4th floor of a hotel named ‘Suraj Guest House’ at village Tosh. All of them had left the guest house at about 7.00 p.m. and visited German Bakery where they had a cake. Thereafter they went to an eatery named ‘Shalom Café’ for dinner. Since, Vaibhav Yadav was not feeling well, Shashank Sharma accompanied him to the Guest House, but at the Guest House the condition of Vaibhav Yadav had started to deteriorate. Shashank Sharma left for Shalom Cafe to apprise his friends about bad health condition of Vaibhav Yadav. On hearing this, Kushagra Yadav immediately returned to the Guest House, but did not find Vaibhav Yadav in the room. He looked down from the balcony and found that Vaibhav Yadav was lying in the field. He rushed towards Vaibhav Yadav and found him injured.
6.1 It was also submitted that one person named Chander Singh, who allegedly was working as a Manager in Hotel Yamuna, had seen a person falling from fourth floor of Suraj Guest House at about 7.30 PM and had informed the owner of Sura
