MP High Court: Media Statement Not Dying Declaration for FIR

• The Madhya Pradesh High Court dismissed a widow's plea to register an FIR for her husband's alleged custodial death.
• The court ruled that a deceased's electronic media statement naming assailants cannot, by itself, compel FIR registration as a dying declaration.
• Justice Himanshu Joshi upheld lower court decisions directing the matter to proceed as a complaint case under Section 200 CrPC.
• The applicant, Poonam Kushwaha, alleged her husband Banshilal Kushwaha died after a police assault during the 2020 Covid-19 lockdown.
• Defense arguments highlighted multiple inquiries, forensic reports, and medical opinions that did not substantiate the assault allegations.

The ruling clarifies that a deceased individual's statement to the media, even if it names alleged assailants, cannot, by itself, be conclusively treated as a dying declaration sufficient to compel the immediate registration of an FIR.

The Madhya Pradesh High Court, sitting at Jabalpur, has dismissed a widow's petition seeking the registration of a First Information Report (FIR) against police personnel following her husband's alleged custodial death. The ruling clarifies that a deceased individual's statement to the media, even if it names alleged assailants, cannot, by itself, be conclusively treated as a dying declaration sufficient to compel the immediate registration of an FIR. This decision came from Justice Himanshu Joshi, who heard an application filed under Section 482 of the Criminal Procedure Code (CrPC).

The case originated from the death of Banshilal Kushwaha on April 20, 2020. His wife, Poonam Kushwaha, alleged that her husband was severely assaulted by police officers from Gora Bazar Police Station, Jabalpur, on April 16, 2020, while he was returning from feeding a cow during the Covid-19 lockdown. He was hospitalized with serious injuries and succumbed four days later. The District Administration had previously granted Rs 50,000 in ex-gratia assistance to the family. Poonam Kushwaha had submitted complaints to the Superintendent of Police on June 12 and June 25, 2020, providing various documents including photographs, newspaper clippings, merg intimation, panchnama, hospital records, and the post-mortem report.

When no FIR was registered following her complaints, Poonam Kushwaha formally approached the Judicial Magistrate First Class (JMFC) in Jabalpur under Section 156(3) CrPC. The Magistrate, after reviewing a police report and noting that an inquiry had already been conducted during the merg proceedings, declined to order FIR registration. Instead, the Magistrate directed that her application be treated as a complaint under Section 200 CrPC, allowing her to present evidence. Her subsequent revision petition against this order was dismissed by the Second Additional Sessions Judge, Jabalpur, on February 17, 2022, leading to the current plea before the High Court.

Advocate Arvind Kumar Shrivastava, representing the applicant, argued that the lower courts had overlooked crucial evidence. He contended that the deceased's electronic media statement, in which he allegedly identified the police personnel responsible for the assault, constituted a dying declaration. He further asserted that the photographs, medical documents, and the ex-gratia payment supported the assault allegations, and suggested that the post-mortem report might have been manipulated to protect the police. Conversely, Advocate Hitendra Golhani, representing the Sub Inspector and Constables (respondents 1-5), and panel lawyer Somesh Gupta for the State, opposed the plea. They highlighted that a comprehensive merg investigation, a magisterial inquiry, and a departmental inquiry had already been conducted. These inquiries involved recording statements, examining CCTV footage, and obtaining medical and forensic reports. They cited an opinion from the Department of Forensic Medicine, NSCB Medical College, Jabalpur, which found no injury at the anal opening and attributed possible bleeding to pre-existing conditions of the kidney, lungs, or liver. Furthermore, FSL reports did not detect any chemical poison, and the respondents maintained that none of these inquiries substantiated the assault claim.

The Madhya Pradesh High Court ultimately sided with the respondents, upholding the concurrent findings of the lower courts. The court affirmed that the Magistrate's decision to treat the application as a complaint under Section 200 CrPC was 'permissible in law.' This means that the applicant has not been denied a remedy but rather directed to the appropriate legal channel to present her evidence before the Magistrate. The court emphasized that the deceased's alleged statement to the media, while potentially relevant, could not, at this stage, be conclusively regarded as a dying declaration to compel the registration of an FIR.

This ruling provides important clarity on the admissibility of media statements as dying declarations for the purpose of compelling FIR registration, particularly in cases involving allegations of custodial death. It underscores that while such statements may hold evidentiary value, they do not automatically trigger the mandatory registration of an FIR. Instead, individuals seeking justice in similar circumstances, especially regarding custodial death FIR registration, may need to pursue a complaint case under Section 200 CrPC, where they can lead comprehensive evidence, rather than solely relying on a direct FIR order based on a media statement. This approach aligns with established criminal procedure, ensuring a thorough examination of all facts before an FIR is registered.

This ruling clarifies that a deceased's media statement, while potentially evidence, cannot by itself compel FIR registration as a dying declaration, requiring lawyers to pursue a complaint case under Section 200 CrPC and present full evidence rather than relying on a direct FIR order.

Source: Original reporting via Live Law