IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No.392 of 2005
Hazara Bibi ….. Petitioner
Versus
State of Jharkhand & ors. ….. Respondents
CORAM : HON’BLE THE ACTING CHIEF JUSTICE
…..
For the petitioner : Mr.A.K.Choudhary,Advocate
For the Respondent : JC to G.P.II
Dated 19
th
August , 2011
By Court This writ petition has been preferred by widow of one
Ali Hussain, who was taken in custody by the police on 15th
November, 2004 in a case instituted under Section 25(1b)/26 of the
Arms Act in Palajori PS Case No.122 of 2005 corresponding to G.R.
Case No.725 of 2005.
2. The petitioner’s husband, when was in custody, was found
dead in Hazat and was found hanging from ventilator. A Magisterial
inquiry was also ordered and the Executive Magistrate submitted its
report dated 17th December, 2005 indicating that in his opinion, it is
a case of suicide; whereas the petitioner’s contention is that from the
manner in which the petitioner’s husband was alleged to have been
found handing, it cannot be believed that it could have been a case
of suicide.
3. The learned counsel for the petitioner submitted that it was
alleged that petitioner’s husband tied up one of the sleeves of his
own shirt and hanged himself from the ventilator and that itself cast
a serious doubt, in view of the fact that a sleeve if tied in the neck of
a person and it is used of hanging then both sleeves which are
stitched, they are bound to fall the person down without getting the
person tight and getting the cloth intact. Learned counsel for the petitioner
also drew my attention to the other allegation and requested that in
2.
the facts and circumstances and when the writ petitioner being
widow of the deceased, who was taken into custody, has reasonable
apprehension, then an investigation is required to be conducted by
an independent agency, not by the State agency, so as to find out the
cause of death of the husband of the writ petitioner.
4. I have also perused the earlier orders passed by this Court and
I deem it fit and proper that without entering into the merit of the
case in any manner, it will be appropriate that a fresh investigation
may be conducted by the Central Bureau of Investigation and,
therefore, the State is directed to refer the matter to the Central
Bureau of Investigation for investigating the matter.
5. The writ petition is disposed of with the above direction.
( Prakash Tatia, A.C.J. )
G.Jha/