Delhi Court Orders FIR In Alleged Custodial Death, Cites Injury Marks and Prima Facie Offence
A Delhi Court has directed the registration of an FIR in the alleged custodial death of Sheikh Shadat, observing that prima facie a cognizable offence has been committed and a thorough police investigation is warranted.
The order was passed in a case filed by the deceased’s widow, Setara Bibi, under Section 156(3) of the Criminal Procedure Code. She alleged that her husband died on July 23, 2023, while in police custody at Subhash Place Police Station following his arrest a day earlier. Despite the passage of over seven months, no FIR had been registered.
Chief Judicial Magistrate (CJM) Vasundhra Chhaunkar of Rohini District Court opined, "The Court is of the view that prima facie a cognizable offence has been committed and a thorough investigation into the matter is required to unearth the entire scenario as well as to record the statement of all of the possible witnesses. Also, an investigation on technical aspect is required qua the availability of CCTV footages, qua the attempts made to preserve the same and qua the other possible inputs."
The complainant stated that Shadat and four others were picked up by police officers on July 21, 2023, and subjected to custodial torture. She claimed that her husband informed co-detainee Rafiqual’s wife that police officers had assaulted him for refusing extortion demands.
The next day, Shadat was produced before a Magistrate and remanded to police custody. He was found dead the following morning, with his body bearing multiple visible injuries, including swelling and bruises.
While an inquest report concluded that the death resulted from coronary artery disease and ruled out foul play, the Court noted that photographs and video footage of the body showed clear injury marks on the upper and lower back, raising serious concerns.
Citing several precedents, including Subhkaran Luharuka v. State and Ravindra Kumar v. State (NCT of Delhi), the Court observed that judicial discretion under Section 156(3) CrPC must be exercised when the complainant is not in a position to gather key evidence and police investigation is necessary to uncover the truth.
“To dismiss the present application only on the basis of the inquest report will not serve the purpose of justice,” the Court held, stressing the need for technical investigation, including CCTV footage review and witness examination.
The SHO of PS Subhash Place has been directed to register an FIR and file a compliance report by June 28, 2025. A copy of the order was directed to be served to both the SHO and the applicant.
Case Title: Setara Bibi v. Unknown Persons