Aanchal Agarwal–
Published on: September 11, 2021, at 15:00 IST
Allahabad High Court handed over the case of the alleged custodial death of a 24-year-old man to the Central Bureau of Investigation (CBI).
A Division Bench comprising Justices Surya Prakash Kesarwani and Piyush Agrawal took the decision.
The Bench stated that “There is sufficient material on record which prima facie reveals commission of offence by the accused and involvement of higher officers in conspiracy, destroying evidence and creating false evidence to protect the accused”.
The Court also observed that the Police are trying to acquit the accused of all the charges by creating false evidence and manipulating the existing one.
To ensure a fair investigation process the Court transferred the probe from Police to the CBI.
The Bench was hearing a Petition filed by Ajay Kumar Yadav who is the brother of the deceased Krishna Yadav who was detained by the Police on 11th February 2021.
According to the FIR filed the deceased was forcibly taken by 10 Policemen who used filthy language against the women of the house.The next day when the Petitioner tried meeting his brother, he was informed that he has died in Custody.
However, the Police submitted in the report that the deceased tried to escape and met with a bike accident and later he was apprehended when the public manhandled him.
A Judicial inquiry was done by the Chief Judicial Magistrate as it was a case of custodial death. Statements of 16 witnesses were recorded.
The Court after examining the Post mortem report noted that the statement given by the mother and brother of the deceased regarding the beating of the deceased in the Police Station matches with the photos procured of the body.
But surprisingly the Post Mortem report did not mention the injuries present on the vital parts of the body due to the beating of the deceased which states that the report has been manipulated.
Therefore, the Court after observing all the facts and circumstances of the case ordered the transfer of the probe to CBI to ensure a fair investigation.
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