Enquiry against

Under trial prisoner having died in judicial custody, order for holding enquiry about cause of his death was ordered and for that purpose a Magistrate was appointed and enquiry was about to conclude

Mother of deceased, during pendency of said enquiry, filed application to S.H.O. concerned to register F.I.R. which application was placed before Additional District and Sessions Judge, who ordered for registration of F.I.R. and that arrest of accused persons would not be effected, unless some material against them was brought during investigation

Contention of counsel for applicant was that during pendency of enquiry proceedings wherein responsibility of death of deceased was yet to be fixed in association with medical report, which was still in progress, step taken by Additional District and Sessions Judge for lodging F.I.R. was a step to open a parallel proceedings which was not warranted

Ground urged by counsel appeared to be reasonable, without prejudice to the case of mother of deceased

Impugned order was suspended till completion of enquiry and report of Chemical Examiner.