2007 Supreme(Raj) 1391
(Rajasthan High Court)
Honble GOPAL KRISHAN VYAS, J.
Sant Lal - Appellant
Versus
State of Rajasthan & Ors. - Respondents
S.B. Criminal Revision Petition No. 1055 of 2006
Decided On : November 05, 2007
G.R. Bhari, for Petitioner; R.S. Gill, for Non-petitioners; S.N. Tiwari, P.P.
Headnote:Cr.P.C., 1973, Sec. 156, 174, 202, 482 – Not registering F.I.R. – Strong apprehension of murder – On the complaint the Magistrate proceeded u/S. 202 Cr.P.C. – Police filed negative report – Prayed to sent the complaint u/S. 156(3) and 173 (8) Cr.P.C. for reinvestigation – Refused and passed order that complainant may adduce his evidence before the Court itself – Held – Magistrate was under obligation to send the complaint for investigation after registering the F.I.R. u/S. 156(3) Cr.P.C. – Committed illegality in proceeding u/S. 202 Cr.P.C. – In a case where allegations for offence u/S. 302, 201 and 120-B IPC have been levelled the proper course is to investigate the matter thoroughly after registering FIR – The action was contrary to the principles of natural justice and law.(Paras 17 to 20) Revision petition allowed.
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(2). As per facts of this case, a soldier namely Kamlesh, permanent resident of Nohar (District Hanumangarh) was married to Suman d/o Lekh Ram. He was posted at the relevant time in Jammu & Kashmir and had come home on leave. It is revealed from the facts of the case that there was some dispute in between Kamlesh and his wife Suman and her family members. Petitioner Sant Lal, father of Kamlesh, is said to have tried to settle the matter. In the course of events, Kamlesh filed an application under Hindu Marriage Act for restitution of conjugal rights; and, on 26th February, 2006 when he had come home on leave, Kamlesh went to his in-laws house at Suratgarh for the purpose of compromise. He left Nohar on 25th February, 2006 but, till 6th March, 2006, he did not return to Nohar and, therefore, petitioner Sant Lal went to his sons in-laws house but they did not talk to him. However, on 7-3-2006, Sant Lal received a telephonic message that the dead body of his son Kamlesh was found at Virdhwal-Head (drowned in the canal water), therefore, petitioner complainant and his relatives rushed to Rajesar Police Station. The body of deceased Kamlesh had been sent to Suratgarh Hospital where the body was lying. The complainant requested the police to investigate the matter.
(3). It is alleged that having received the dead body of his son after the post mortem had been conducted, Sant Lal alongwith his relatives went to his sons inlaws house and told them that Kamlesh had come there and how, in what circumstances, he died. According to the complainant, he was told by the in-laws of his son that they gave him something for eating and he became unconscious and, thereafter, they threw him in the canal at Virdhwal Head. It is alleged that in-laws of Kamlesh expressed regrets at their mistake and begged to be excused.
(4). Sant Lal, father of the deceased Kamlesh, immediately rushed to Police Station Suratgarh and informed the police. It is alleged that no action was taken by the police, therefore, the complainant approached the Dy. S.P., Suratgarh who also did not take any action saying that death of Kamlesh was suicidal.
(5). According to the petitioner, he made all efforts for registration of the FIR; but, he failed to get it registered by the police and, therefore, in these compelling circumstances, he filed the complaint before the Magistrate.
(6). Upon the aforesaid complaint filed by petitioner Sant Lal, the Magistrate proceeded under Section 202, Cr.P.C. and the matter was sent for enquiry. The enquiry officer filed a negative report. After receiving the negative report and upon the order passed by the Magistrate under Section 202, Cr.P.C., being dissatisfied with the report, the petitioner moved an application before the Court mentioning that the police did not undertake proper investigation and they have tried to convert the case of murder into suicidal and protecting the culprits. The petitioner further stated in the said application that the police did not enquire the matter as per statement of Kishan Lal who had categorically stated that the deceased was in an unconscious state on 1-3-2006 at his in-laws house which information was given to him by the family members of the in-laws of Kamlesh saying that he had consumed some drugs. According to the complainant- petitioner no fair and proper enquiry was conducted by the police because right from the initial stage investigating officer treated this case as suicidal case. It is alleged that family members of his deceased sons in-laws are influential persons and they have wielded influence to stifle the investigation. It is alleged that with connivance with the police they have manag