Deceased's viscera report suggests no cognizable offence, court sets aside orders for FIR

New Delhi [India], July 20 : A Delhi Court recently set aside the order for registration of FIR in a case related to the death of a person after considering his post-mortem report and viscera report. Both reports suggested that no cognizable offence is made out.
A person namely Rakesh Yadav died while he was on duty in the Factory of Bhuvnesh Ahuja in the Adarsh Nagar area on December 18 in 2017.
Additional Sessions Judge (ASJ) Satish Kumar said that as per the report of the postmortem, as per the viscera report, no cognizable offence is made out and the order of August 25 in 2022 and December 16 in 2022 passed by the Trial court is not sustainable and therefore, the same is hereby set aside.
The court set aside the Magistrate Court while deciding two revision petitions being filed by SHO Police Station Adarsh Nagar and another revision petition being filed by Bhuvnesh Ahuja.
Both these petitions challenged the order dated August 25 in 2022 and December 16 in 2022 passed by Metropolitan Magistrate (North) Rohini Courts.
The metropolitan magistrate had also issued a contempt notice for not registering the FIR.
Additional Sessions Judge Satish Kumar said it appears that non-compliance with the court order and not registration of the FIR was neither intentional nor deliberate but it was because of that the doctor who had made the chemical analysis of viscera was of the view that “On the basis of post-mortem findings, chemical analysis report and other reports as detailed above, it is opined that “there is no definite opinion regarding the cause of death can be given."
"However the possibility of death due to cardiac failure consequent to coronary artery disease which is a natural cause of death cannot be ruled out, " the report suggested.
The report also mentioned that the artery shows 40 per cent and 55 per cent blockage respectively.
SHO had challenged the order through advocate Rishabh Jain. He had challenged both the order including the notice of contempt.
During the course of the argument, the court asked the Counsel for one of the Revisionist SHO concerned, as to why they did not comply with the order of the court and why they did not register the FIR.
The Counsel submitted that the viscera report was awaited and the order passed by the Trial court on August 25 in 2022 was put before the senior officers and who were busy in taking the legal opinion and because of that reason, the police did not register the FIR and did not comply the order of the court.
It was stated that Rakesh Yadav used to work as a labour in the factory of Bhuvnesh Ahuja.  Rakesh was working in the factory of Ahuja for the last ten years and was drawing Rs 19,000 per month as salary and it was alleged that on December 18 in 2017 when Rakesh Yadav went to the factory for doing his work had talked to his wife over the telephone at about 9.00 am and on the same day, between 9.00 am to 10.50 am, he died in suspicious condition.
Two other employees of the factory had taken him to Hindu Rao Hospital where he was declared 'brought dead' and the father of the deceased made a complaint to the police against the factory owner.
Police did not register the FIR and a complaint under sections 156(3) of CrPC for taking cognizance against the accused persons and factory owner was filed by the brother-in-law of the deceased.