Allahabad HC seeks Centre’s response on plea for CBI inquiry into death of BSF soldier

The Allahabad High Court has recently sought the response of the Central Government on a plea seeking a CBI inquiry into the bullet injury death of Krishna Murari Mishra, Assistant Sub-Inspector of the Border Security Force posted on the Indo-Bangladesh border.

The Division Bench of Justice Mahesh Chandra Tripathi and Justice Ram Krishna Gautam passed this order while hearing a Criminal Misc Writ Petition filed by Manorama Mishra.

The facts of the case are that Krishna Murari Mishra, a resident of Jigna Mishra village in Deoria, was posted on the border. He died of a bullet injury in the head on the night of August 7, 2019. On the orders of District Magistrate Deoria, a team of doctors conducted the post-mortem of the body again on August 10, 2019.

Two bullets had been shot in the head from the right side which had exited from the left. The doctors team feared murder instead of suicide, while the department is calling the murder a suicide, so a fair investigation should be conducted into the death.

The counsel for the petitioner, in response to the order dated February 09, 2021, passed by the coordinate Bench of the Court, has placed reliance upon a letter dated September 11, 2019, sent by the Commandant, 145 Battalion, BSF, to the petitioner regarding high level investigation and lodging of First Information Report.

The Counsel for the Petitioner informed the Court that a First Information Report, in this regard, has already been lodged at Police Station-Sonamura, District-Sepahijala (Tripura), under Section 174 Cr.P.C. with Case and the police investigation is underway.

Counsel further informed the court that upon another letter dated january 31, 2020, the same has also been sent by the Commandant, Frontier Head Office, BSF, Tripura, to the petitioner, wherein, the relevant materials has been given to the inquiry officer as well as to the Superintendent of Police, Deoria.

The Court has granted three weeks time to counsel for the respondents to file counter-affidavits. The Court has fixed the next hearing of the petition on October 6.
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