JUDGMENT :

1. The instant revision application is preferred for setting aside the order dated 21.01.2013 passed by the learned court of Special Judicial Magistrate, CBI in Case No. R.C.13(S)/2009, whereby the petitioner’s prayer for alteration/addition of charge under Section 216 of Cr. P.C has been rejected.

2. The instant case has a chequered history. As per the informant, on 09.05.2009, about seven girls and four boys including the informant, who were part of Air Hostess Academy, Chandra Centre, Sakchi, had joined Hotel Sonnet from 09.05.2009, only for the purpose of undergoing industrial training, and the informant and other trainees were also accompanied by co-trainee named Mausumi Chowdhary who was undergoing training at House Keeping Department which includes Laundry. On 09.05.2009 at about 12 to 12:15, while Mousumi Chowdhury was undergoing training of Ironing, her long scarf got stuck in the ironing machine due to which she got strangulated and got injured. She was soon rescued by the other staffs of the Hotel after which she was immediately rushed to Tata Main Hospital. As per the informant, on the same day when the informant had gone to meet Mousumi Chowdhury at the Hospital, she was seen lying unconscious and was undergoing treatment. The informant further stated that since she was lying unconscious, the information of this incident has been given to the police after a delay. The informant has also stated that she has no knowledge as to for whose irresponsibility, the accident took place. On 20.05.2009, Mousumi Chowdhury died in course of her treatment at T.M.H after which Section 304A of the Indian Penal Code was added to the instant case.

3. Thereafter, Tapasi Choudhary-mother of the deceased-Mousumi Choudhary, wrote a letter to this Hon’ble Court, which was registered as W.P. (PIL) No.4681 of 2009. In the said letter she has stated that since she suspects that her daughter was raped and subsequently murdered for which reason, she had been requesting the Investigating Officer to look into the matter but in vein. In the said letter, it was prayed inter-alia for a direction upon the Investigating Officer to take her statement as a witness and also for registering a case under Section 302 of the Indian Penal Code instead of Section 304A of the Indian Penal Code. This Hon'ble Court vide its order dated 14.10.2009, ordered the Investigating officer to record the statement of Tapasi Choudhary and accordingly her statement was recorded on 14.10.2009. Thereafter, vide order dated 15.10.2009, this Hon'ble Court directed the CBI to undertake the charge of investigation of Bistupur P.S. Case No.152 of 2009 for taking the case to its logical conclusion by amending or impleading the relevant sections under which the case is fit to be registered.

4. Pursuant to the aforesaid order passed by this Hon’ble Court, a case was registered by the CBI being R.C. Case No.13(S) of 2009-AHD-R and after investigation, the CBI submitted Final Form/Charge Sheet on 08.02.2010 against Ravi Bipin Parikh and Ravindra Kumar Behra under Section 287 of the Indian Penal Code.

5. Being aggrieved by the order dated 15.10.2009 passed by this Hon'ble Court in W.P. (PIL) No.4681 of 2009, Ravi Bipin Parikh preferred an appeal being SLP (CR) No.3428 of 2010 before the Hon'ble Apex Court. Vide order dated 30.03.2010, the Hon'ble Apex Court while dismissing the application of the Petitioner-Ravi Bipin Parikh, directed the Director, CBI for entrusting fresh investigation to another team of officers.

6. On such direction of the Hon’ble Apex Court, fresh investigation team was appointed, and a prayer was also made to the learned court of Special Judicial Magistrate, CBI to add Section 302 of the Indian Penal Code to the F.I.R and after such prayer was allowed, Section 302 of the Indian Penal Code was added.

7. After thorough investigation, the CBI submitted supplementary charge-sheet on 06.07.2011 against Ravi Bipin Parikh, Ravindra Kumar Behra and Swaroop Chakravarty