Blog

Case Title: Setara Bibi v. State of NCT of Delhi & Ors. 

Case No.: W.P.(CRL) 1224/2024 

Dated: April 23, 2024 

Quorum: Justice Jyoti Singh 

 

FACTS OF THE CASE:  

The case’s facts revolve around In pursuance of Section 482 Cr.P.C. and Article 226 of the Indian Constitution, the petitioner has filed this writ suit on their behalf, requesting the following reliefs.  

a Writ/Order/Direction in the nature of Mandamus and/or any other Writ/Order/Direction in the nature of any other appropriate Writ was in effect, directing the Respondent to file a First Information Report (FIR) in accordance with Sections 166, 302, 325, 331, 352, 34 of the Indian Penal Code, 1860 against the Chief Investigating Officer, the SHO, and the other negligent police officers of Police Station Subhash Place.  

In brief, the case’s facts state that the husband of Setara Bibis died while in the custody of the respondents as a result of their simple carelessness. The petitioner is the deceased person’s 22-year-old widow, who has been circling the courts in the hopes of getting justice. The FIR has not yet been filed, and the application under Section 156(3) Cr.P.C. is still pending.  

 

CONTENTIONS OF THE PETITIONER: 

According to directions, Ms. Rebecca John, the Petitioner’s experienced Senior Counsel, limits the relief to requests. It is argued that the current case is related to the tragic passing of late Sheikh Sahadat on July 23, 2023, while he was purportedly in the custody of Subhash Place Police Station officers.  

Additionally, it is argued that the petitioner is a 22-year-old widow of the deceased who has been circling the legal system in an attempt to obtain justice. It is requested that the magistrate’s investigation into the death of the petitioner’s husband while in custody be opened on July 23, 2023, and that it remain open to this day, almost nine months later, with no indication of when it will be concluded. However, the application made in accordance with Section 156(3) Cr.P.C. is still waiting, and the FIR has not yet been filed.  

Furthermore, the petitioner is alleged to be a 22-year-old widow of the dead who has been recurrently involved in the court system in an effort to seek justice. It is requested that the inquiry into the petitioner’s husband’s death while in police custody be launched by the magistrate on July 23, 2023, and that it continue to be open now, nearly nine months later, without providing a timeline for completion. 

According to an order annexed to the petition and dated December 22, 2023, the learned Chief Metropolitan Magistrate of the North West District of the Rohini Courts stated that a FIR is not being filed until the Magisterial inquiry’s conclusion and the FSL report is received.  

The learned Senior Counsel states that this demonstrates the State’s total insensitivity to a grave situation in which a 32-year-old man was discovered dead while allegedly under police custody, with black and blue bruise marks covering his back and chest and swellings on his hands and legs. The family of the deceased captured this on camera when they visited the mortuary where the body was being held.  

 

LEGAL PROVISIONS: 

• Section 482 Cr.P.C- Saving of inherent power of High Court. Nothing in this Code shall be construed as restricting or affecting the High Court’s inherent authority to issue orders as may be required to carry out any directive made pursuant to this Code, to stop misuse of the legal system, or to further further the goals of justice. 
• Section 166 of IPC- Public servant disobeying law, with intent to cause injury to any person. Any public servant who willfully disobeys legal instructions regarding how they should conduct themselves in that capacity with the intent to cause harm to others or knowing that it is likely that they will, will be punished with either simple imprisonment, a fine, or both. This punishment can last up to a year.  
• Section 302 of IPC- Punishment for murder. Anyone found guilty of murder faces a mandatory life sentence in prison or the death penalty, in addition to a fine.  
• Section352 of IPC- Punishment for assault or criminal force otherwise than on grave provocation. Anyone found to have attacked or used unlawful force against another person without that person’s serious and unexpected provocation faces a maximum sentence of three months in prison of any kind, a maximum fine of five hundred rupees, or both. 

 

COURT’S ANALYSIS AND JUDGMENT: 

That court held that the following is directed that the Magisterial inquiry into the death of late Sh. Sheikh Sahadat be completed as soon as possible and no later than three months from today, taking into account the case’s facts and circumstances, the fact that the inquiry began on July 23, 2023, and is still pending, and the fact that the learned CMM is not moving forward with the application under Section 156(3) Cr.P.C. because of the pendency of the inquiry. 

Additionally, it was held that the learned CMM was instructed to move quickly with the matter, including giving the Director of FSL a directive to provide the report right away, in the case of a pending application under Section 156(3) Cr.P.C. It was requested of the Director, FSL to investigate the situation and make sure the FSL report is delivered to the relevant Court as soon as possible.  

This Court expressed optimism and hopes that the concerned magistrate handling the investigation and the knowledgeable CMM handling the application under Section 156(3) Cr.P.C. will investigate the matters with the necessary seriousness, empathy, and diligence and will act quickly.  

 

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.” 

 

Judgment reviewed by Riddhi S Bhora. 

 

Click to view judgment.