IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mohammad Rafiq, J.
Krishan Gopal S/o Shri Narayan - Petitioner
Versus
State of Rajasthan through Public Prosecutor & Ors. - Respondents
S.B. Criminal Misc. Petition No. 4188 of 2016 With S.B. Criminal Misc. Stay Application No. 4284 of 2016
Decided On : 20-10-2016
Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 195, 196, 465, 477A, 471 and 120B - Directed to take appropriate legal and disciplinary action against the erring police officials - Respondents to provide safety and security to the petitioner and his family - Petition has been filed by the complainant-petitioner, author of FIR registered at Police Station for offences with the prayer that investigation thereof be entrusted to Central Bureau of Investigation and additionally praying for direction to the respondents to provide safety and security to the petitioner and his family - Held, After hearing learned counsel for the parties and perusing the material on record, this Court is not inclined to go into the merits of the case or otherwise into allegations made by the petitioner as the issue is still pending investigation, but in totality of the circumstances, this Court is not convinced that the matter is such where investigation ought to be transferred to Central Bureau of Investigation, particularly when the police is seized of investigation at an advanced stage - However, in the facts of the present case, this Court deems it appropriate to direct that investigation of the present FIR be entrusted to CID(CB) with a further direction that investigation of the same shall be conducted by an officer not below the rank of Additional Superintendent of Police, who shall directly report to Additional Director General of Police, CID(CB), or Director General of Police, and not to any officer including, Additional Director General of Police - Petition disposed of.
Mr. Mohammad Rafiq, J.
1. This petition under Section 482 Cr.P.C. has been filed by the complainant-petitioner Krishan Gopal, author of FIR No. 651/2016 registered at Police Station Vaishali Nagar, Jaipur City(West) for offences under Sections 195, 196, 465, 477A, 471 and 120B IPC with the prayer that investigation thereof be entrusted to Central Bureau of Investigation(for short ‘CBI’) and additionally praying for direction to the respondents to provide safety and security to the petitioner and his family and competent authority be directed to take appropriate legal and disciplinary action against the erring police officials and held judicial enquiry against them for their unlawful and unbecoming conduct.
2. Facts as emerging from the memorandum of the petition are that marriage of elder son of the petitioner; namely Sunil Saradhna was solemnized with Bhoomika, daughter of Devi Dutt Gurjar at Bikaner on 19.11.2008. The petitioner received an information on 21.07.2015 that some untoward has happened with his daughter-in-law Bhoomika. He along with his wife immediately started from Bikaner to Jaipur and reached Jaipur at 7.30 P.M. on that very day. When they reached at Jaipur, they learnt that their daughter-in-law Bhoomika has committed suicide. Devi Dutt Gurjar, father of Bhoomika on 22.07.2015 lodged a false criminal case against the petitioner, his wife and son upon which FIR No. 697/2015 was registered at Police Station Vaishali Nagar, Jaipur for offences under Sections 304-B and 498A IPC on the basis of alleged suicide note left by Bhoomika on her mobile phone. The investigation agency without any investigation of the call details and the verification of the persons to whom Bhoomika was in communication and without any retrieval of data of chatting, messages on various mobile applications as well as chat history on mail, facebook account and from bank statements and more importantly without verifying the creation of suicide message is conducting one sided defective investigation on the behest and under influence of complainant party. Wife of the petitioner made a representation to DCP (West), Jaipur and when nothing happened, she filed petition under Section 482 Cr.P.C. bearing No. 4360/2015 before this Court. This Court vide order dated 03.09.2015 directed the investigating officer to consider representations, documents and the evidence already made available to him and also to undertake investigation of the case in the light of the prayer made in the petition then only to decide to file report under Section 173 Cr.P.C.
3. In compliance of order dated 03.09.2015 passed by this Court, wife of the petitioner gave a detailed representation enclosing therewith copy of the petition, order dated 03.09.2015, earlier representations, documentary evidence to the Commissioner of Police, Jaipur in person on 14.09.2015 with a copy thereof to investigating officer. Investigating officer in complete violation of order passed by this Court and without conducting investigation on the points specifically raised by wife of the petitioner in the representations, filed an application before Additional Civil Judge and Metropolitan Magistrate No.14, Jaipur Metropolitan(for short ‘the Magistrate’) on 22.09.2015 to obtain arrest warrant against her. When she learnt about the fact that the aforesaid application has been filed concealing order passed by this Court dated 03.09.2015, she herself approached the Magistrate by filing application under Section 70(2) Cr.P.C. on 07.10.2015 praying for cancellation of arrest warrant. Learned Magistrate on that application vide order dated 08.10.2015 summoned the progress report. Investigating officer produced the progress report on 15.10.2015 stating that in view of order of this Court dated 03.09.2015, letter dated 29.09.2015 was written to DCP, Jaipur(West) to take the assistance of technical institution, FSL, ATS for the checking of phone of deceased in relation to the messages, what’s App messages
Ashok Kumar Todi v. Kishwar Jahan
Chandra Babu Alias Moses v. State through Inspector of Police
Dinubhai Boghabhai Solanki v. State of Gujarat
K.V. Rajendran v. Superintendent of Police CBCID South Zone, Chennai
Narender G. Goel v. State of Maharashtra
Ramesh Kumari v. State (NCT of Delhi)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.