Point of Law : Offence of Murder - Inherit Powers of High Court - power of quashing should be exercised sparingly with circumspection, in ‘rarest of rare cases’. (The rarest of rare cases standard in its application for quashing under Section 482 Cr.P.C. is not to be confused with norm which has been formulated in context of death penalty, as explained previously by this Court).

ORDER :

The present Criminal Petition is filed to quash the proceedings in Crime No.231 of 2019 of Bhongir Town Police Station, Rachkonda Commissionerate. The petitioner herein is sole accused in the said Crime. The offence alleged against her is under Section 302 of IPC.

2. Heard Mr. Brahmadandi Ramesh, learned counsel for the petitioner and learned Public Prosecutor appearing on behalf of respondent No.1 -State. Despite service of notice, none appears on behalf of respondent No.2 -de facto complainant.

3. On the complaint lodged by respondent No.2, the police of Bhongir Town, have registered a case in Crime No.231 of 2019, initially under Section - 174 of Cr.P.C. A perusal of the record would reveal that deceased - Bandaru Shiva Kumar got married to Mrs. Uma Maheshwari on 16.03.2015, and out of their wedlock, they have blessed with a male child, named Bandaru Koushik. Thereafter, matrimonial disputes arose between them and the first wife of the deceased left his company stating in written that she is not interested to lead matrimonial life with the deceased. Then, the deceased had decided to marry the petitioner, for which, the parents of petitioner asked him to give an undertaking with certain terms and conditions. Accordingly, the deceased had given a written undertaking on 05.05.2017. Pursuant to the said undertaking, their marriage was performed on 07.05.2017. Thereafter, matrimonial disputes even arose between the petitioner and the deceased and the petitioner left the company of the deceased.

4. As per the complaint, dated 15.09.2019 given by respondent No.2, sister of the deceased, on 13.09.2019 at about 11.00 a.m., the deceased went to the house of parents of the petitioner to take her to his house so as to lead matrimonial life, but the deceased poured kerosene himself and lit fire. He was shifted to Government Hospital, Bhongir and thereafter to Gandhi Hospital, Secunderabad for better treatment, but he died on 15.09.2019. On 14.09.2019 his dying declaration was recorded.

5. On the complaint lodged by respondent No.2, the police, Bhongir Town have registered a case in Crime No.231 of 2019 initially under Section - 174 of Cr.P.C. on 15.09.2019. The incident took place on 13.09.2019. The dying declaration was recorded on 14.09.2019 at Gandhi Hospital. Statements of witnesses under Section - 161 of Cr.P.C. were recorded on 15.09.2019, 16.09.2019, 17.09.2019 and 18.09.2019 itself. The alteration memo was filed on 06.03.2021 altering the section of law from Section - 174 of Cr.P.C. to Section - 302 of IPC. Since there is abnormal delay of 1½ year in filing the alteration memo, this Court vide order dated 22.03.2021 directed the learned Public Prosecutor to get specific instructions in the matter. On 23.03.2021, the learned Public Prosecutor, on instructions, has submitted that the Investigating Officer in Crime No.231 of 2019 has obtained certified copy of dying declaration on 15.11.2019 from Gandhi Hospital. There is a delay of 2 months in obtaining dying declaration. On 28.01.2020, the Investigating Officer has addressed a letter to the learned Public Prosecutor seeking his opinion. Thus, there is a delay of about 2½ months from obtaining the certified copy of dying declaration. The learned Public Prosecutor did not furnish his opinion. He has not permitted either the Investigating Officer or any police to his office due to COVID-19 pandemic. Thereafter, the Investigating Officer, who has conducted investigation at the initial stage, retired and in his place, new Investigating Officer took place and he has addressed another letter dated 30.08.2020 to the learned Public Prosecutor seeking his opinion. Due to rains, the entire file got damaged in the Public Prosecutor’s office. The same was reconstructed on 18.02.2021. Thereafter, the Investigating Officer has filed alteration memo on 06.03.2021. Thus, there is delay at every stage and there is abnormal delay in filing the alteration memo. Therefore, this Court vide order da