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Magistrate Directs FIR and Investigation in Alleged Custodial Death

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Authored by Abhishek Jat, Advocate The recent order issued by Chief Judicial Magistrate Vasundhara Chhaunkar of Rohini Courts in Setara Bibi vs. Unknown Persons (Ct. Case 1933/2024) marks a pivotal judicial intervention in a case involving the alleged custodial death of Sheikh Shadat at Subhash Place Police Station, Delhi. The proceedings were initiated on an application under Section 156(3) of the Code of Criminal Procedure by Setara Bibi, the widow of the deceased, after more than seven months had elapsed without the registration of a First Information Report (FIR) regarding her husband's death in police custody. The factual matrix reveals that on July 21, 2023, Sheikh Shadat, accompanied by four others, was intercepted by police officers at Netaji Subhash Place. The group was detained and taken to Subhash Place Police Station under circumstances that the complainant described as arbitrary and aggressive. Family members, upon visiting the station, reported that all detainees, inc...