Delhi High Court – Orders
Rajendra Prasad Ojha vs The State Of Nct Of Delhi And Ors on 1 July, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1914/2025
RAJENDRA PRASAD OJHA .....Petitioner
Through: Mr. Amit Chadha, Senior Advocate
alongwith Mr. Gaurav Sharma, Ms.
Akansha Sharma, Mr Harjas Singh,
Mr. Saarthak Sethi Advocates.
versus
THE STATE OF NCT OF DELHI AND ORS. .....Respondents
Through: Mr. Rahul Tyagi, ASC (Crl) for State
Mr. Manoj Kumar Sharma, Advocate
for R3 along with R-3.
Ms. Sunita Arora, Advocate for R4.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 01.07.2025
1. Let a specific report be called today from Deen Dayal Upadhyaya
Hospital, Delhi where the body has been lying at present in mortuary for the
last 27 days, as to whether the body is in a fit condition for transporting to
Bihar for last rites. The concerned officer from the Deen Dayal Upadhyaya
Hospital is present before this Court and has been apprised of this order.
At 03:00 PM
2. The present writ petition has been filed by the petitioner under Article
226 and 227 of the Constitution of India read with Section 528 of Bhartiya
Nagrik Suraksha Sanhita, 2023 seeking directions to the respondent no. 1 to
hand over the body of the deceased brother of the petitioner, to the petitioner
to perform his last rites.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/07/2025 at 21:39:02
3. The brief facts of the case, for the adjudication of the present writ
petition are that the deceased Sh. Surendra Nath Ojha was allegedly living
separately from the respondent no. 3 and 4 who happens to be wife and
daughter of the deceased respectively.
4. The learned senior counsel for the petitioner has produced on record
some documents to reflect that the deceased was living separately from the
respondent no.3/wife and respondent no. 4/daughter and in this regard he has
also produced on record an order of the court wherein it is mentioned that
the deceased was living separately from respondent no.3/wife and
respondent no. 4/daughter since the year 2013 and was paying maintenance
to them. These facts, to some extent, have been disputed by the respondents.
However, they state that later on they had compromised the same, which is
disputed by the petitioner. It remains undisputed that the deceased herein
was brought to Delhi and was living in Delhi at the time when he
unfortunately passed away with the petitioner herein who is his elder
brother.
5. When the matter came up before this Court, a report was called from
the concerned Hospital, considering that body of the deceased was lying in
the mortuary for the last 27 days pending dispute between the petitioner and
the respondent no.3 and 4. The report has been received and the same reads
as under:
“….Status Report of Deceased Body Namely Surender Nath Ojha
in the matter of Rajendra Prasad Ojha Vs The State of NCT of
Delhi & Ors in WP (criminal) 1914/2025
On the direction of Honourable Delhi High Court in the matter WP
(criminal) 1914/2025. It is submitted that the dead body of deceased
Surender Nath Ojha was brought in DDU Hospital Mortuary on 03
06 2025 for preservation and post mortem examination through
Police Station Rajouri Garden Today on 01.07.2025 after
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/07/2025 at 21:39:02
examination of the body it is observed that there were extensive
ulcerations present over the left foot and half lower part of back
After post mortem examination of the body there shall be multiple
incisions required for the complete autopsy and after that condition
along with pre existing ulcerations the condition of the body will be
more vulnerable to be decomposition during transportation and lying
in the compromised cooling system of the ambulance To prevent the
further distortion of the body hence, it will be more reasonable to
criminate the body as early as possible followed by post mortemn
examination
This report is prepared on the basis of information received from
HOD(Forensic Medicine) for your kind information please…”
6. The report was also read out to the petitioner and respondent no.3 and
4 and after the intervention of this Court, it was decided between the parties
and amicably agreed that the last rites of the deceased will be conducted in
Delhi at Nigam Bodh Ghat, jointly by the petitioner herein and the
respondent no.4 Smt. Phool Kumari. The daughter of the deceased informs
that the wife of the deceased i.e. her mother (respondent no. 3) will arrive in
Delhi tomorrow morning. She states that Court may ensure that the last rites
are conducted after her arrival.
7. Having considered submissions made by both the parties, it is directed
that the DDU Hospital shall handover the body of the deceased to the SHO
of P.S. Hari Nagar or any other officer deputed by him, at about 02:00 PM,
who shall facilitate the transfer of body to Nigam Bodh Ghat, and the last
rites will be conducted at 04:00 PM tomorrow at Nigam Bodh Ghat, Delhi
jointly by the petitioner who is the elder brother of the deceased and the
daughter of the deceased Smt. Phool Kumari under the supervision of the
local/concerned SHO which this Court is informed is SHO, P.S. Kashmere
Gate, who will ensure that no untoward incident takes place when the last
rites are conducted. The parties are also directed, and they also undertake,
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/07/2025 at 21:39:02
that considering the situation herein, they will maintain peace, decorum and
sanctity that such occasion commands.
8. This Court clarifies that this Court has only passed this order
considering the gravity of the situation and the fact that the deceased’s body
has been kept lying in the mortuary for the last 27 days and is needed to be
given a dignified departure from the mortal world. This Court does not in
any manner, is passing any order or reflecting any opinion regarding any
other disputes which may be pending or may arise between the parties
regarding the assets or properties, etc. of the deceased which may be under
the domain of the concerned court.
9. This order has been communicated and explained to the parties in
Hindi also.
10. Let this order be also brought to the notice of SHO, P.S. Hari Nagar
as well as SHO, P.S. Kashmere Gate, Delhi, by the State for ensuring strict
compliance.
11. Accordingly, the present petition is disposed of in above terms.
12. Let the copy of this order be given dasti under the signature of Court
Master.
13. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J
JULY 01, 2025/vc/zp
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/07/2025 at 21:39:02