The duty of the Magistrate to assess whether there is sufficient evidence for commitment, not conviction, and the application of Section 209 of the Cr.P.C. in discharging an accused before committing the case to the Court of Session.

JUDGMENT :

ANISH DAYAL, J.

1. By this petition, the State seeks setting aside of orders dated 4th December 2017 passed by learned ACMM - 01 (Central), Tis Hazari Courts, Delhi in FIR No. 117/2016 under Sections 306/120B registered at PS Subzi Mandi (Crime Branch) and order dated 15th January, 2018 passed by Ld. Special Judge-02 NDPS Act, Central District, Tis Hazari Court in Criminal Revision No. 11/2018, and consequently direct summoning of respondent Ram Niwas as accused to face trial in the case.

2. The background facts are that on 29th April, 2016 at about 5.30 p.m., DD No. 26 recorded at P.S. Subzi Mandi regarding commission of a suicide by one lady named Rekha @ Tannu. The patient was taken in CATS ambulance where MLC no. 1660/16 was recorded and noted “patient brought in casualty in drowsy stage A/H/O eaten sulphas one hour back as told by the patient herself”. A hand written note and another complaint running into five pages were handed over to the incharge of the ambulance, Sh. Sanjay Kumar by an unknown person who was later identified as the respondent.

3. In the handwritten note it was stated that the deceased was harassed by SHO Dinesh Kumar and as she could not do anything about it, she was taking her life and held SHO Dinesh Kumar responsible for her death. The investigation was entrusted to Sh. Surinder Kumar, ACP/DIU and Inspector Dinesh Kumar was interrogated. As per Dinesh Kumar, he stated that he had taken charge as SHO Vijay Vihar in 2015 and the respondent who was a bad character of the area was absconding for about 9 years, and had to surrender in Court due to pressure created upon him. He stated that he was being implicated at the instance of the respondent. However, Dinesh Kumar was arrested and subsequently released on bail on 7th May, 2016. The post-mortem of the deceased was conducted and CCTV footage was taken from the Tis Hazari Courts where this incident had happened. The respondent was also identified in the CCTV footage and his presence was corroborated by the statement of his neighbours.

4. The case was transferred to Crime Branch and during the course of investigation, the wife of the respondent (Rita Devi) was questioned who stated that the deceased Rekha was staying in their house and had an illicit relationship with her husband which caused tensions at home. She further stated that the respondent had given beatings to her (Rita Devi) and his children, as a result of which FIR No. 352/2016 under Section 323/342/506 IPC had also been registered at PS Vijay Vihar. After this the respondent ran away from his house, but Rekha was taken by Rita Devi to the police station. During investigation statement of one Sourabh Kumar was recorded, who was working with one NGO named “Kilkari”. He stated that Rita Devi had informed him on 20th April, 2016 she was going to lodge a complaint against the Ram Niwas. On 29th April, 2016 when Sourabh Kumar was sitting with Rita Devi at his office Ram Niwas called Rita Devi on her mobile and stated that Rekha was about to die and he would also commit suicide and the SHO will go to jail as he had made Rekha lodge complaints at various places. He stated that Ram Niwas allegedly stated that he had spared Rita but the SHO will not be spared. The respondent was also identified in the CCTV clip by the incharge of the CATS ambulance who confirmed that he had handed over the suicide note to him.

5. Praveen Gupta, a news reporter of TV 24, was also joined in the investigation who stated that on 29th April 2016 at about 11.30 a.m. he received a call and the caller stated that a lady was about to commit suicide in Tis Hazari Court and he could cover the suicide live. The caller told his name as Manish. During investigation, the number from which the call was made was found to be registered in the name of Rekha and was being used by the respondent and from the CDR analysis, the location of the phone was found to be Tis Hazari. Further investigation revealed that in fact the suicide n