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2025 DAILYLAW 36619 (ALL)

SURYA PRAKASH v. THE STATE OF U.P. AND 2 OTHERS

CRLP/6482/2025 · 2025-04-07

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50535-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6482 of 2025 Petitioner :- Surya Prakash Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Singh,Adarsh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Shri Paritosh Malviya, learned AGA-1 for State respondents. 2. The instant writ petition has been preferred for a direction to the respondent to conduct the post mortem of the deceased Chandra Prakash, who is brother of the petitioner. 3. Learned counsel for the petitioner submits that the brother of the petitioner died under mysterious circumstances at around 8.00 p.m. on 10.02.2025 at Jaunpur. The petitioner has made several efforts by making appropriate applications to the authorities concerned for conducting post mortem of his deceased brother but all went in vain. Even through last rites of the deceased has to be ensured as per the Hindu rites and rituals but considering the mysterious death of his brother perhaps due to poisoning, the body of the deceased has been burried as per family rituals at Sirsa, Prayagraj. It is contended that as the body would be deteriorating day by day, as such suitable direction may be issued to the authority concerned to take prompt action in the matter. 4. Learned counsel for the petitioner, in this backdrop, has confined his relief for a direction to the District Magistrate, Jaunpur to take appropriate measures for inquest/ post mortem of the deceased. 5. Learned AGA-1, on the other hand, has stated that the District Magistrate is competent to conduct fact finding enquiry in this regard and take remedial measures as contemplated under Section 194 read with Section 196 BNSS. 6. Let the District Magistrate, Jaunpur be impleaded as party respondent no.4 forthwith. 7. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue, the writ petition stands disposed of asking the District Magistrate, Jaunpur to look into, examine and redress the grievance of the petitioner very expeditiously as any further delay would cause irreparable loss and injury to the petitioner. 8. Let this order be given to learned AGA-1 today itself free of cost for necessary compliance. This order shall also be communicated to the District Magistrate, Jaunpur today itself by learned AGA-1. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 8.4.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad