The High Court stated that the FIR has to be mandatory filed upon the encounter death of the person which is alleged to be fake.
- The father filed an FIR upon the matter of death of his son, Rakesh in the police encounter in 2013.
- He said that the murder was intentionally done by the police and they were punishable under section 302 and 34 of IPC and section 27 of Arms act.
- But the police refused that statement and said that the accused was escaped from the car and fired towards the police, nobody gets injured.
- For the purpose of self-defence only the police encountered the accused person.
- It was inquired by the magistrate and concluded that it was an act of self-defence.
- The Appellant challenged that order and approached the High Court to provide justice for the death of his son.
The Court observed the extra-judicial killings had to be properly and uninfluentially inquired and the justice would be delivered accordingly.
Justice Neena Bansal Krishna held that the FIR must be mandatory upon the case of fake encounter of the police and declared that it is an act of illegality.
The Court highlighted that the section 197 of Cr.P.C. would necessitate the acts done by the officials and its prosecution and it would not shatter the registration of FIR over this matter.
CASE NAME: State of NCT of Delhi V. Puran Singh.
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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