Shri. Parameshwaran v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/41/2025 Shri Parameshwaran Vs.

The Andaman and Nicobar Administration and Others Mr. K. M. B. Jayapal ... for the petitioner Ms. Babita Das ... for the respondent No. 1 & 2 Mr. Sumit Karmakar ... for the respondent No. 3 June 13, 2025 [AKB] Item No.17 This writ petition is filed seeking for quashing of the proceedings including the final report submitted by the respondent no. 3, Station House Officer, Pahargoan, South Andaman vide FR No. 11 of 2024 dated 11.06.2024.

The brief fact of the case is that the daughter of the petitioner namely P. Anshika on 12.02.2024 died by hanging. The investigating agency upon holding inquiry submitted final report on 11.06.2024. Being aggrieved by and dissatisfied with such submission of final report the petitioner has preferred the present writ petition.

Mr. K.M.B. Jayapal, learned advocate appearing for the petitioner submits that the inquiry has been held in perfunctory manner without adhering to the provisions of Criminal Procedure Code (in short Cr.P.C.). The inquest as per Section 174 of the Cr.P.C. is to be held at the place of death of the deceased. However, the investigating agency has held such inquest at PHC, Garacharma which is not the place of death of the deceased. Although the post mortem report clearly reflects presence of external injuries yet the inquest report does not indicate of any external injuries.

Such aspect clearly manifest that the investigation has not been proceeded in accordance as required. He seeks for quashing of the entire proceedings including the final report submitted vide FR No. 11 of 2024 dated 11.06.2024 and for holding investigation by independent agency.

In reply to the contention raised on behalf of the petitioner Mr. Sumit Karmakar, learned Advocate appearing for respondent No. 3, Station House Officer, Pahargoan submits that the victim came to house of her maternal grandmother on 11.02.2024. On 12.02.2024 when her grandmother was attending to her work she committed suicide by hanging. On being informed the grandmother rushed to the house and took the victim to the hospital i.e. PHC, Garacharma. The hospital authorities informed the police, who thereafter arrived with Executive Magistrate and inquest was held at the PHC, Garacharma. Therefore, there is no such infraction of the provisions of 174 of Cr.P.C. by the police authority. Furthermore, the inquest under Section 174 of Cr.P.C.

is held to ascertain the condition in which a dead body is found and not the injuries which is precisely to be noted by the Autopsy Surgeon. There is no such discrepancy/anomaly in the noting of the officer holding the inquest. None of the relatives including the father of the victim the petitioner herein lodged any complaint before the Police alleging of any suspicious circumstances pertaining to the death of the victim. The writ petition has been filed after one year of submission of the final report and within such period no objection has been raised with regard conduct of the inquest and filing of final report. Such being the position, the prayer of the petitioner for quashing of final report cannot be entertained and should be dismissed in limine .

Ms.

Babita Das, learned Advocate representing the respondent nos. 1 and 2 submits that the Executive Magistrate during inquest at column 9 (e) has noted 'Broad and Oblique Ligature Mark' which has also been indicated in the post mortem report of the Autopsy Surgeon. Therefore, it would be out of place to say that no such external injuries were noted by the Executive Magistrate in the inquest report. She also seeks for dismissal of the writ petition.

Having heard the learned Advocates for the respective parties, for the sake of convenience of discussion the provisions of Section 174 of the Cr.P.C. is reproduced hereunder: "174. Police to enquire and report on suicide, etc. - (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such

deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Subdivisional Magistrate.

(3) [When - (i) the case involves suicide by a woman within seven years of her marriage; or (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or (v) the police officer for any other reason considers it expedient so to do, he shall,] subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate." The aforesaid provision clearly manifest that an inquest is made in order to draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

It has been strenuously argued on the behalf of the petitioner that the inquest since not held at the place where the victim committed suicide hence is perfunctory. There cannot be any quarrel that the victim was taken to the PHC, Garacharma soon after the occurrence. The inquest by the Executive Magistrate is held at PHC, Garacharma. Section 174 (1) of Cr.P.C provides when the officer in charge of a police station or some other police officer

specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is. Thus to hold inquest the officer is to proceed to the place where the body is. The provision does not say that the inquest has to be held at the place of death.

Therefore, there is no such violation of the provisions as contained in Section 174 of the Cr.P.C. by the Executive Magistrate who held such inquest at PHC, Garacharma. It has been further pressed into service by the learned Advocate for the petitioner that the Executive Magistrate failed to indicate any external injury as would be evident upon comparative analysis of the post mortem report and the inquest report. It would be pertinent to state at this juncture that the object of proceedings under Section 174 of Cr.P.C. is merely to ascertain whether a person is died under a suspicious circumstances or an unnatural death and if so what is the apparent cause of his death and note such wounds, fractures, bruises, and other marks of injury as may be found on the body.

Therefore, the act of the Executive Magistrate in preparing the inquest report is limited to the scope as enumerated hereinabove. The Executive Magistrate in his report, as has been rightly indicated by learned Advocate for respondent No. 1 and 2, has noted the external injury i.e. 'Broad and Oblique Ligature Mark' and the cause of death is due to hanging. The post mortem report also reveals that the cause of the death was due to asphyxia due to hanging and the injuries mentioned are ante-mortem in nature and consistent with hanging.

During investigation of the unnatural death case the investigating agency has examined parents, relatives and neighbour and recorded their statement. None of them, particularly the father who is a petitioner herein, has raised doubt or suspicion or made allegation against any person of foul play. The petitioner has also not raised any objection against the procedure of inquest and submission of final report before any authority till filing of the writ petition after almost a year.

In light of the above discussion, the writ petition falls short of merit and is liable to be dismissed.

Accordingly, the writ petitioner being No. WPA/41/2025 is dismissed. No order to cost.

Interim order, if any, stands vacated.

All connected application, if any, stand disposed of. Urgent Photostat certified copy of this order if applied for be supplied to the parties upon compliance of all necessary formalities.

( Bivas Pattanayak, J. )