Order on Board

SONI Digitally 24.03.2025 signed by RAJSHEKHAR SONI 1. Heard Mr. Tapan Chandra, Advocate, on behalf of Mr. Tarendra Kumar Jha, learned counsel appearing for the petitioner. Mr. Amit Verma, learned Panel Lawyer, appearing on behalf of respondents/State.

2. The petitioner has filed the instant petition under Section 482 of CrPC for being aggrieved by non registration of FIR, despite lodging the complaint by the complainant on 07.05.2018 disclosing cognizable offence.

3. The prosecution story, in short, is that the petitioner is father of the deceased Smt. Kamla Chouhan. Kamla Chouhan was married to Lucky Chouhan in the year 2002, after marriage she was residing in her matrimonial home along with her husband and mother-in-law and father- in-law. After marriage husband and mother-in-law and father-in-law used to treat Shkuntala with cruelty and also harassed her for bringing dowry. The ornaments of Shukuntala were stolen during the journey and thereafter her husband and inlaws pressurized her to bring new ornaments from her parental home. The petitioner got new ornaments made and gave it to her daughter. Petitioner also got his 05 dismil land mutated in the name of her daughter to save her from the harassment at her matrimonial home. The husband of deceased used to beat her after drinking liquor. On 16.04.2018 petitioner received an information that her daughter has committed suicide by jumping into Mahamara Aniket (river). Petitioner reached Bhilai and after seeing the body of her daughter, he suspected that her husband and inlaws created a situation under which her daughter was compelled to commit suicide by jumping into river. Petitioner lodged complaint to the Station House OfÏcer, Chhawani and Superintendent of Police, Durg. Thereafter the sister (Smt. Seema Chouhan) of the deceased also made a complaint to the Senior Superintendent of Police, Durg to the effect that the Police are negligent in conducting fair investigation. The complaint of the petitioner discloses that before the death of Shakuntala her husband and inlaws treated her with cruelty and demanded dowry. The allegations made in the complaint discloses cognizable offence, however, Police had not registered FIR and only conducted a merg enquiry. The petitioner, his wife and his daughter also gave statement during the merg inquiry but Police did not take care of their evidence. Hence, this petition.

4. Learned counsel for the petitioner submits that the complaint filed by the petitioner/complainant discloses cognizable offence, therefore, the Police was obliged to register the FIR. It is further submitted that the non- registration of the FIR in the case where the complaint discloses committing of cognizable offence is violative of constitutional right of the petitioner. Hence, this Court may kindly be pleased to allow this petition and direct the Station House OfÏcer, Chhawani, District – Durg, to register the FIR on the complaint dated 07.05.2018 of the petitioner and file final report after fair investigation.

5. Learned counsel appearing for the respondents/State opposed the prayer of the present petition and submits that one Ajay Chouhan, friend of Lakkhi Chouhan informed him by phone that photo of his wife Shakuntala is going to viral in whatsapp, therefore, will go to Police Station, Durg, on the basis of information, he went to Mortuary of the Hospital, where the dead body of his wife was lying down and he was informed that reason of death is drowning in the Shivnath River, after giving information to the family members of the deceased, the Panchnama was prepared and the dead body was sent for postmortem. It is further submitted that in the Panchnama proceedings of the dead body, the Lachchhu Ram/petitioner was present, the Police registered the Morgue as No. 42/2018 under Section 174 of the CrPC on 16.04.2018 and took the matter under investigation. It is submitted that in the Postmortem report the Doctor has given opinion that the reason of de