Advocates:
['MAHESH TEWARI', '', 'SURESH PANDEY', 'GANESH PATHAK', 'APP', '', 'KRISHANU RAY', 'INDRAJIT SINHA', 'MD MOKHTAR KHAN', 'AJAY KUMAR SAH', 'ARPAN MISHRA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Revision No.272 of 2013

Smt. Tapsi Choudhary

..… Petitioner(s)

Versus

1. Union of India

2. State of Jharkhand

3. Inspector of Police,

CBI, AHD, Ranchi

4. Deputy Superintendent of Police,

C.B.I. SC-III, New Delhi

5. Rabi Bipin Parikh

6. Swaroop Chakraborty

7. Rabindra Kumar Behra

…. Opposite Party(s)

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner(s)

: Mr. Mahesh Tewari, Advocate

For the State

: APP

For the Opposite Party(s) : Mr. Indrajit Sinha, Advocate

: Mr. Bibhas Sinha, Advocate

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CAV on: 12/07/2019

Pronounced on: 06/09/2019

JUDGEMENT

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.

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

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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 polise 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.

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

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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.

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.

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