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2016 Supreme(Manipur) 163

IN THE HIGH COURT OF MANIPUR AT IMPHAL
R.R. PRASAD & SONGKHUPCHUNG SERTO, JJ.
Smt. Thoudam Ongbi Akashini Devi - Petitioner
Versus
The State of Manipur & Ors. - Respondents
W.P. (CRIL) No. 25 of 2014
Decided On : 27-09-2016

Advocates Appeared:
For the Petitioner:Mr. Ph. Sanajaoba, Advocate
For the Respondents: Mr. A. Vashum, G.A.

JUDGMENT & ORDER :

S. Serto, J.

This is a writ petition filed by the petitioner under Article 226 of the Constitution of India praying for;

(1) Issuance of a writ in the nature of mandamus or order or direction directing the respondents to register a criminal case against the respondents No. 4 & 5 and their subordinates of the Wangoi Police Station for having allegedly caused the death of her son, namely Digbijoy Singh by beating and torture while he was in their custody,

(2) Issuance of a writ of the same nature or order or direction directing the respondents No. 1 & 2 to set up a Special Investigation Team, comprising of honest and competent police officers to be headed by an Officer not below the rank of Senior Superintendent of Police to investigate into the case, and also to issue a direction to let the Special Investigation Team to submit report periodically to this High Court for making sure that the investigation is carried out properly and effectively, and for

(3) Issuance of a writ of the same nature or order or direction to the respondents to pay compensation to her to the tune of Rs.15/- (fifteen) lakhs or at such rate as this High Court may deem just and equitable as per law for having allegedly caused the death of her son.

Facts of the case in brief are as follows:

2. Following a written complaint dated 23.02.2014 submitted to the Officer-in-Charge of Wangoi Police Station by one, Huirem Inaocha Singh of Hiyangthang Maning Leikai, which stated that his younger sister, (who shall thereafter be referred to as prosecutrix) is suspected to have eloped on 22.02.2014 at about 05:00 p.m. from the gate of their residence with Thoudam Digbijoy Singh @ Bijoy Singh (who shall hereafter be referred to as the deceased accused), a resident of Wangoi Makha Leikai, who already has a wife and children by deceiving her was picked up from his house along with the girl, prosecutrix by a team of Wangoi Police Station, led by one Sub Inspector of Police, namely, Ibochouba Singh on 23.02.2014 at about 02:30 p.m. and kept them at Wangoi Police Station throughout the day and night of that day. On the following day, i.e. on 24.02.2014, deceased accused was shown as arrested by police personnel in connection with F.I.R. Case No. 18(2) 2014 of Wangoi Police Station under Section 366, 368 and 376 of IPC. Thereafter, on 25.02.2014, late Digbijoy Singh was produced before the Judicial Magistrate First Class, Imphal, who remanded him to police custody for a period of 5 (five) days.

3. On 26.02.2014, at around 08:00 a.m., one constable No. 0901145, namely Shri Th. Netrajit, who was on duty found the accused Digbijoy Singh hanging in the toilet of the lockup. On being informed, L. Sanatomba, who was the guard commander that day submitted a report to the Officer-in-Charge of Wangoi Police Station at about 08:05 a.m. Accordingly, a case being U.D. Case No. 2WGIP.S./2014 dated 26.02.2014 was registered and investigation was taken up under Section 174 Cr.P.C.

4. On the information given by the Officer-in-Charge of the Police Station, a team of Forensic Medicine led by Dr. Supriya Keisham of Regional Institute of Medical Sciences (RIMS) arrived at the Police Station. At the same time, a team of scientific mobile unit, FSL-Pangei led by L. Bilasini Chanu (Demonstrator) along with R.K. Pratapsana, Assistant Photographer also came to the Police Station. In their presence one, Shri M. Pouralung Kabui, Executive Magistrate, Imphal West, conducted the inquest on the dead body. The team of doctors from RIMS and officers from FSL-Pangei inspected the scene of the incident. After 5 (five) days i.e. on 01.03.2014, Post Mortem was conducted over the dead body by Dr. Supriya Keisham. The inquest report of the Executive Magistrate and the Post Mortem report and crime scene report of the scientific officer are given respectively here below:

“Date and time: 26/02/2014 3















































































































































































































































































































































































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