The Single Bench of the Delhi High Court in the case of Shri. Manoj Kumar Garg vs State of NCT of Delhi & Ors. consisting of Justice Anoop Kumar Mendiratta opined that delay in getting the scientific reports may lead to degradation or putrefaction of the samples negating the very purpose of examination.
Facts
This writ petition was filed on behalf of the petitioner (Manoj Kumar Garg) who is the father of deceased Naman Garg (aged about 14 years), under Article 226 of the Constitution of India read with Section 482 CrPC for directing the respondents for speedy/professional investigation in respect of death of his son under suspicious circumstances.
It was prayed to send his deceased son’s the heart and brain (exhibits) for histopathological report and for expediting the Viscera report from FSL for the purpose of fair investigation into the death of son of the petitioner.
Observations of the Court
The Bench noted that though the deceased had expired on 11.11.2021, the petitioner had to approach this Court for the purpose of directing the respondents for speedy/professional investigation and obtaining the Viscera result as well as the histopathological reports. It opined that:
“The delay in getting the scientific reports not only has a high social cost, but leads to extreme suffering by victim’s family being unaware as to the exact cause of death. The delay for whatever reason cannot be countenanced under law and at times may also lead to degradation or putrefaction of the samples negating the very purpose of examination.”
It noted that the Standing Order No. 444/2016 issued by the Commissioner of Police, Delhi prescribe for speedy investigation of the cases and meticulous compliance in relation to deposit of all relevant exhibits/documents for examination with the Forensic Science Laboratory as early as possible within 7 days from the date of its collection and no excuse by the investigating agency either on the ground of ignorance or administrative issue is acceptable:
“The investigating agency is expected to ensure that rights of victims are duly safeguarded by conduct of speedy and fair investigation in accordance with law and resolve administrative bottlenecks, if any, at the level of DCP concerned at the earliest opportunity.”
Judgment
The Bench directed that the relevant Standing Order/circulars should be circulated by the Commissioner of Police to the concerned SHOs/Investigating Officers for the purpose of completing investigation within the stipulated time frame as provided in law and responsibility is to be fixed in case of any inordinate delay by the Investigating Officer.
Case: Shri. Manoj Kumar Garg vs State of NCT of Delhi & Ors.
Citation: W.P.(CRL) 200/2022
Bench: Justice Anoop Kumar Mendiratta
Decided on: 14th September 2022
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