4.43 An inquiry into the circumstances of death was conducted by Judicial Magistrate, Azamgarh who did not believe the story of suicide. Dr. Vimlesh Kumar, who conducted the postmortem, deposed before the Magistrate that the postmortem started at 3.10 PM on 15th April, 2011 and the Rigor Mortis had fully developed. He stated that it takes at least 12 hours for full development of Rigor Mortis. This would mean that the death had occurred between 3.00 a.m. and 4.00 a.m.and not at 8.00 a.m.as alleged by the police. The Magistrate also noted that pressure marks and not ligature mark were observed on the neck. The pressure marks were parallel and not oblique. Considering the observations made by the post mortem surgeon, the Magistrate concluded that it was a case of homicidal death. 4.44 On consideration of the Magisterial Enquiry Report and postmortem report, the Commission in its proceedings dated 15.01.2014 did not believe the police version that Kamlesh Kumar Singh hanged himself in the police lock up. The Commission observed that it appeared to be a case of homicidal death and therefore, directed to issue a notice under Section 18 of the Protection of Human Rights Act, 1993, to the Government of Uttar Pradesh to show cause as to why monetary relief be not recommended to be given to the next of kin of the deceased Kamlesh Kumar Singh. Chief Secretary, Government of Uttar Pradesh. 4.45 In response to the show cause notice, Special Secretary, Government of Uttar Pradesh vide communication 02.7.2014 informed that after the death of Kamlesh Kumar Singh, the crime case No.236/2011 P.S. Gambhirpur which was registered against the police personnel was inquired into by Judicial Magistrate, Azamgarh. After completion of the investigation, a final report dated 5.1.2012 was filed in the court and the same was accepted by Chief Judicial Magistrate, Azamgarh on 12.3.2012. It was also reported that a PIL No.25922, PUCL & Others Vs State of Uttar Pradesh was filed in the High Court of Allahabad and the same was dismissed by the High Court. 4.46 Upon perusal of the order passed by Chief Judicial Magistrate (CJM), Azamgarh and also the order passed by the High Court, called for from the State government, the Commission in its proceedings dated 10.02.2015 made these observations: “The PIL was dismissed by the High Court because it was not pressed by the petitioner. The closure report filed by the local police was accepted by CJM, Azamgarh in crime No.236/2011 P.S. Gambhirpur on the ground that the mother of deceased Kamlesh Kumar Singh on whose complaint, the case was registered had stated in the court that she was satisfied with the investigation of police and she also stated that she had made the complaint against police under some wrong impression. On perusal of the order passed by CJM, Azamgarh, we find that the Learned Magistrate did not at all discuss the merits of the case in the order. We cannot, however, ignore 38 National Human Right Commission Annual Report - 2014-2015