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Judgment
Arindam Sinha, J
Mr. Dash learned advocate, appears on behalf of petitioners. He submits, petitioner no.1 is widow of person, who was arrested on 23rd September, 2015 and died on 25th September, 2015, in custody. His clients contend that death was by negligence. He demonstrates the arrest was in the afternoon, a little after 4:00pm on 23rd September, 2015. Remand order was obtained on the next day. He refers to Magisterial Enquiry report dated 31st January, 2016, to show it was reported, that at around 7:10pm on 24th September, 2015 the prisoner was found to be trembling and having fever. The report goes on to say, at around 8:15pm on the next day, observing critical condition of the prisoner, he was shifted to Community Health Centre (CHC), Kodala. He refers to page 34 in the writ petition to demonstrate that the CHC issued ticket for outdoor patient bearing endorsement 8:40pm and, inter alia, referred the patient to hospital. The hospital said the prisoner was brought dead at 10:50pm.
He submits, section 54 in Code of Criminal Procedure, 1973 requires examination of arrested person by Medical Officer. Sub-section (3) mandates report of such examination to be furnished to the arrested person on person nominated by him. Section 55A casts duty or the person having custody of an accused, to take reasonable care of his health and safety. He submits, two counters have been filed but there is no whisper of medical examination, let alone report thereof. The postmortem said the person died of tuberculosis attributing it to be natural cause of death. State is seeking to take position that condition of the arrested person could not be detected to be serious till before 8:15pm on 25th September, 2015, a couple of hours before his death.
Mr. Sharma learned advocate, Additional Government Advocate appears on behalf of State and prays for adjournment and leave to file additional affidavit.
State has already filed two counters. There is no mention in either regarding medical examination nor any explanation regarding deterioration caused between 7:10pm on 24th September, 2015 to 8:15pm the next day, i.e., a period in excess of 24 hours, for it to be detected and fact that death occurred within couple of hours thereafter.
In the circumstances, Court finds no requirement for further pleadings. However, leave is granted with caution that any new statement will have to be accompanied by explanation for its omission in the two counters already filed.
The additional affidavit may be filed on adjourned date upon advance copy served.
List on 29th July, 2022, as prayed for by Mr. Sharma.
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