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2019 Supreme(Raj) 2045

IN THE HIGH COURT OF RAJASTHAN
Kanwaljit Singh Ahluwalia, J.
Ijaj Khan - Appellant
Versus
State Of Rajasthan, Through P.P. And Others - Respondent
Criminal Miscellaneous (Petition) No. 1235 of 2019
Decided On : 20-02-2019

Advocates Appeared:
Petitioner Ijaj Khan present in person, for the Appellant; None present, for the Respondents

The court has the authority to direct the assignment of an investigation to ensure a fair and impartial process, especially in cases involving allegations of dowry harassment and unnatural death.

Headnote:

Section 482 Cr.P.C. - Fair Investigation - The court directed the Superintendent of Police to assign the investigation of the case to a gazetted woman police officer and ordered the investigation to be concluded within two months.

Fact of the Case:

The petitioner's daughter was allegedly tortured and harassed for dowry, leading to her unnatural death. The petitioner sought a fair and impartial investigation into the case.

Finding of the Court:

The court, after hearing the petitioner, directed the Superintendent of Police to assign the investigation to a gazetted woman police officer and ordered the investigation to be concluded within two months.

Issues: Fair and impartial investigation, Allegations of dowry harassment and unnatural death

Ratio Decidendi: The court found it necessary to ensure a fair investigation into the allegations of dowry harassment and unnatural death, and therefore directed the assignment of the investigation to a gazetted woman police officer.

Final Decision: The court disposed of the petition by issuing a direction to assign the investigation to a gazetted woman police officer and ordered the investigation to be concluded within two months.

JUDGMENT

1. Petitioner Ijaj Khan is present in person. The present petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondents to conduct fair and impartial investigation in case arising out of FIR No. 441/2018 registered at Police Station Khairthal, Alwar for the offences under Sections 498A and 304B IPC.

2. Petitioner, who is present in person has stated that on 17.4.2018 his daughter Manisha was abducted and he had lodged the FIR No. 143/2018 at Police Station Udhyog Nagar, Alwar for the offence under Section 363 IPC against one Saroop son of Mehmooda and others. Thereafter, on 23.4.2018, Nikah of daughter of petitioner was performed with Saroop and at the time of Nikah, dowry was given to the satisfaction of the accused. It is contended that later accused demanded dowry and thereafter accused tortured, maltreated and harassed his daughter on account of demand of dowry, as a result of which, she died an unnatural death by consuming poison.

3. Petitioner present in person has stated that the investigation is pending and no report of investigation has been filed till today. The petitioner has further submitted that the investigating officer is not proceeding with the investigation.

4. After hearing the petitioner who is present in person and going through the contents of FIR, the present petition is disposed of by issuing a direction to the Superintendent of Police, Alwar to assign investigation of FIR No. 441/2018 registered at Police Station Khairthal, Alwar for the offences under Sections 498A and 304B IPC to a gazetted woman police officer.

5. It is further ordered that in case gazetted woman police officer is not available, then the investigation shall be assigned to the officer not below the rank of Additional Superintendent of Police.

6. A further direction is issued to the investigating officer to whom investigation shall be assigned, to conclude the investigation within a period of two months from the date of receipt of certified copy of this order.

7. A further direction is issued to the investigating officer to whom investigation shall be assigned to submit report of investigation alongwith her opinion in the court of competent jurisdiction within the period stipulated above.

8. Petitioner who is present in person undertakes to serve a copy of this order upon the respondent No. 2 - Superintendent of Police, Alwar.

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