The main legal point established in the judgment is that judicial orders must be in conformity with the law and principles of natural justice, and nobody can be condemned unheard.

PRATIBHA RANI, J.

1. The petitioner Raj Kumar Khatana is presently posted as Assistant Commissioner of Police in Delhi. He has invoked the writ jurisdiction of this Court with a prayer to quash the strictures and directions passed by learned ASJ-03 (North-East District), Karkardooma Court in the judgment dated 20.01.2016 in Session Case No.44592/2015 (in Case FIR No.222/2010 under Section 304-B/302/498-A IPC PS New Usman Pur).

2. The learned ASJ in the judgment dated 20.01.2016 has noted down the lapses in the investigation and issued directions to the Commissioner of Delhi Police that the petitioner shall not be assigned any investigation or supervision of investigation in any case and if already assigned, the same shall be withdrawn immediately. Departmental action against the petitioner was recommended with further direction to file action taken report within four weeks of receipt of the order.

3. In para 19 of the judgment, proceedings under Section 195 read with Section 344 CrPC have been initiated against PW-13 Ct.Naseem. PW-13 Ct.Naseem has not filed any petition challenging the initiation of proceedings against him under Section 195 read with Section 344 Cr.P.C.

4. Notice of the petition was issued to the respondents.

5. I have heard Mr.Maninder Singh, learned counsel for the petitioner as well as Mr.Rahul Mehra, learned Standing Counsel for the State.

6. Before examining the rival contentions, it is necessary to note down the brief facts of the case.

7. On 12.07.2010 on receipt of DD No.9-A recorded at PS New Usman Pur about one lady being shot, ASI Satyapal alongwith Ct.Devender reached H.No.U-200, near Khadde Wali Masjid, Arvind Nagar, Ghonda, Delhi. They found dead body of a female lying on a cot with gunshot injury on head and back potion of the skull. A rifle of .315 bore was lying in the room and magazine of cartridge on the slab. Blood, flesh and skull bones were spread in the room and one mobile was lying in the corner. Pieces of bullet pallet were also lying there. Since the unnatural death of Farheen Khan W/o accused Shehnawaz @ Sonu had taken place within seven years of her marriage, SDM was informed, crime team was summoned to the scene of crime. On the basis of statement made by parents of the deceased Farheen Khan, case FIR No.222/2010 under Sections 302/304-B/498-A IPC was registered and Shehnawaz @ Sonu – husband of the deceased was arrested and chargesheeted in this case.

8. The accused was charged for committing the offence punishable under Section 304-A/498-A IPC and alternate charge under Section 302 IPC was also framed against him.

9. The approach of learned ASJ while discussing the evidence and giving reasoning for the offence punishable under Section 304-B IPC, discussion and conclusion is upto page 37 of the judgment. From para 8 onwards of the judgment, the Court has proceeded with the presumption under Section 113-B of Indian Evidence Act in a case of dowry death punishable under Section 304-B IPC. On page 37 of the judgment, the learned ASJ has held as under:-

‘(ii) To invoke the presumption u/s 113-B Indian Evidence Act r/w Section 304-B IPC, there was a requirements of suspicious circumstances in the death of the deceased which have already existed and proved in this case. The presumption was to be rebutted by accused but accused has failed to rebut this presumption and it shall be presumed that the death of the deceased was a result of dowry death.’

10. After recording as above, from para 11 onwards the learned ASJ proceeded to deal with the medical evidence and expert opinion and again started referring to the evidence of the prosecution witnesses as well the contentions raised on behalf of the accused and the State in para 11.5 though already so recorded in para 7 of the judgment. In para 11.6 (at page No.40) again he records :

“I have heard the arguments and perused the record.”

11. Thereafter he has referred to the FSL result, identity and arrest of the accused, statement of defence witn