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1993 Supreme(Del) 184

High Court Of Delhi
COURT IN ITS OWN MOTION - Appellant
Versus
STATE OF DELHI - Respondent
Criminal Miscellaneous (Main) 226 of 1993
Decided On : 03/15/1993

Advocates Appeared:
AMBIKA NAIR, C.V.FRANCIS, K.VENKATARAMANA RAO, P.S.SHARMA

Headnote:Criminal Procedure Code, 1973 - Section 154 registration of a crime on the basis of information disclosing a cognizable offence Concerned police officer is not supposed to embark upon an inquiry whether information is reliable or not and refuse to register the case on the ground that information is not reliable 'reasonableness' or 'credibility'; of information is not a condition precedent for registration of the case - Court taking suo molo notice of a news paper report "Mystery shrouds girl's death" - Post mortem report showing symptoms of recent sexual intercourse upon deceased - Prima facie conduct of local police found not free from blame & investigation not fair -High Court, if apprised that the investigation is not being conducted in a fair manner can interfere with the course of investigation. (Paras 6 & 9)

       Result: Investigation ordered to be completed within 2 months.

       

R. L. GUPTA, J.

( 1 ) ON 27-1-1993 I was shocked to read a news item under the caption, "mystery shrouds girl s death" in Hindustan Times. The report stated that a young Keralite lady Bina Thomas was working as a Laboratory Technician in a private Nursing Home, Okhla which belonged to one Dr. Akbar. She was alleged to have committed suicide and that Okhia Police had tried to "hush up" the matter. Her sister, Alphonsa thomas was also reported missing for the past few weeks from her Kidwai Nagar house. They hailed from a poor family of Kerala and few years ago had come to Delhi. Alphonsa Thomas worked in a private firm in Kamla Market. In fact, the complete summary of the facts now emerges from a complaint made by her to the SHO, PP Okhia. In her complaint dated 17-12-92 she requested for registration of a case and investigation with regard to the death of her sister Bina Thomas in suspicious circumstances at the Akbar Nursing Home, 541/5, Barld House, Jamia Nagar, Okhla on the evening of 16-12-92. She said that on 16-12-92 Bina had left for the Akbar Nusring Home at about 8. 00 A. M. She was hale and hearty. Alphonsa Thomas herself left the house at about 8. 15 A. M. to The place of her employment in Karala Market. She returned home, by about 6. 00 p. m. and she was waiting for the arrival of her sister who normally returned by about 7. 00 P. M. When she did not reach by even 7. 30 P. M. she telephoned the Akbar Nursing Home from a nearby shop. Dr. Akber came on the line and when she enquired from him about her sister, he informed her that her blood pressure was down and she was resting. He further informed that Bina had vomitted also. Then she told the Doctor that. she. and Bina stay together at their Kidwai Nagar house and so requested, him to send her along with a compounder as an escort. Dr. Akbar stated, it will not be possible to send her in three wheeler and that it would be better if she come over to the Nursing Home. She, therefore, went there along with one Vikram Singh aged about 18 years in a three wheeler scooter. She found a lot of policemen standing inside and outside the Nursing Home. Dr. Akbar was also standing there. The policemen asked her residential address, employment particulars and native place. She requested the police to permit her to see her sister because she was extremely worried about her. All this happened in the presence of Dr. Akbar. Suddenly during the course of that enquiry, one policeman asked her whether she would like to see the dead body of her sister, Bina Thomas. She was taken aback and asked the policeman as to what he was talking. It was about 8. 45 P. M. The policeman took her to the opposite room and when he opened the door she could see her sister hanging from a ceiling fan with a white bed sheet tied around her neck and its other end connected to the ceiling fan. Her one leg was resting on the stretcher kept in the room. The policeman immediately tried to whisk her away. But when the requested him to permit her to see her sister. Dr. Akbar told her at that stage that he will look after the funeral expenses. Thereafter she was taken to the residential portion of the building belonging to Dr. Akbar. She called her brother Jose T. Paul residing in PTS Colony near Mehrauli from the telephone at the residence of Dr. Akbar. A policeman took away the receiver from her hand at that point of time and talked to Jose. When the policeman had finished the conversation, she realised that he had not told Mr. Jose the exact place where he was to come and so she enquired from the policeman about this fact. He said that he had asked him to come to Okhla police station. By then it was 9 or 9-15 P. M. She remained there upto about 12. 30 A. M. and during that period, she further says, lot of activities were going on in the Nursing Home pcition of the building. At about 12. 30 A. M. , some policemen come again and asked her to accompany them to the police station. She and Vikrarn prepared to leave for





















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