New Delhi, Nov 21 (PTI) A court here has refused to accept the closure report and ordered further investigation in a case where a 17-year-old boy committed suicide after being allegedly thrashed by two police constables in 2014. The court was hearing a protest petition filed by the minor’s father, who sought reinvestigation and rejection of the closure report dated December 24, 2019.
According to the closure report filed by the investigating authorities, no case was made out against the accused persons, Constables Ankit and Ramesh, claiming the minor took the extreme step after being scolded by his father. “This court does not accept the closure report in the matter and deems it fit to order further investigation. Copy of this order be sent to the station house officer (SHO) concerned for necessary compliance,” Metropolitan Magistrate Vaibhav Kumar said in a recent order. The judge posted the matter for further proceedings on December 5. The court said that the investigating officer did not interrogate the accused constables and nor were their statements recorded. It noted that according to records, initially, Gaurav gave a complaint to the police stating his bicycle was stolen and as he saw the minor in possession of his bicycle, he made a complaint, following which police apprehended the minor and two others for the theft. But as the trio sought an apology from Gaurav, he forgave them hence no FIR was registered, the court noted.
Gaurav, however, made another statement saying there was an altercation between him and the minor because of some issue pertaining to the payment for a bicycle but afterwards, the dispute got settled and therefore no complaint was lodged regarding the matter, the court noted. “If there was no complaint, then why was the deceased being detained at the police station, (and) also, the FIR which pertains to this incident of theft of the bicycle has been registered on February 9, 2015, i.e., after the death of the deceased,” the court said. Also, no papers regarding the deceased’s statement or details pertaining to the minor being apprehended were placed on record by the IO, the court said.
The statements of two others, who were also apprehended with the deceased, were not recorded, the court further noted. “Lastly, why the FIR was not registered under the appropriate section of the Indian Penal Code (IPC) when the deceased was a minor i.e., 17 years of age at the time of his death,” the court asked. According to court records, both constables forcibly took the minor to Karawal Nagar police station on November 14, 2014, and threatened his father to pay Rs 10,000, failing which they would falsely implicate the father in the case of bicycle theft. The father did not visit the police station in fear and his son was allegedly released after being brutally beaten. The minor committed suicide by hanging on November 15, following which the father moved an application in the court seeking directions for registration of FIR. The court in its order dated September 1, 2016, directed the FIR to be registered against the accused constables.
The Karawal Nagar police station then on November 25, 2016 registered the FIR under Sections 306 (abetment of suicide) and 34 (common intention) of the IPC. PTI MNR RCJ RCJ
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