The Nagpur bench of the Bombay High Court has quashed an FIR registered against Gadgenagar police in Amravati for refusing to hand over a body to the family before completion of post-mortem proceedings. Justice Urmila Joshi-Phalke, who ruled on the matter, held that withholding a body until post-mortem is complete does not amount to insulting the deceased and cannot be treated as a criminal offence.
The case arose from an incident on October 13, 2025, when police informed the family of a deceased that a post-mortem was mandatory before the body could be released. The family filed a complaint alleging humiliation of the deceased, but the court found no criminal element — specifically noting that neither hurt to religious sentiments nor intent to insult the dead was established. The court also observed that there was no unauthorised entry into the crematorium.
The petitioner, Vijaya Athore, had additionally filed a petition in the Bombay High Court seeking ₹50 lakh compensation from the state government and police, alleging harassment and violation of fundamental rights. The court has issued notice to the state, and the matter is pending response.
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