Writ petition challenging manner of investigation in a suicide case. Court disposed of petition noting assurance by AGA and directed petitioner to move fresh application with directions for reasoned order.
Petitioner directed to move fresh application with DG Police; Respondent obliged to pass reasoned order within three weeks intimation.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 15300 of 2018
Petitioner :- Reetu @ Chinu Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Yadvesh Yadav Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
The petitioner raises a grievance with regard to the manner in which the investigation was done by the police authorities in the First Information Report dated 27.9.2017 in Case Crime No.168 of 2017 under Section 306 IPC, lodged against her.
Submission of learned counsel for the petitioner is that the petitioner was falsely implicated in the criminal case lodged by the brothers of her husband in order to get away with the properties owned by her husband.
Submission is that the medical evidence regarding death of the petitioner's husband shows that it was caused due to Asphyxia on account of strangulation and it was not a case of suicide. The Investing Officer, however, ignoring the said medical evidence submitted a charge-sheet against the petitioner treating it as a case of abetment for suicide.
It is stated by the petitioner that after release on bail on 19.2.2018, the petitioner lodged a First Information Report dated 26.4.2018 categorically narrating the incident in which her husband was murdered by his brothers.
Further proceedings in ST No. 431 of 2017 arising out of Case Crime No.168 of 2017 under Section 306 IPC, has been stayed by this Court vide order dated 2.4.2018 in Criminal Misc. 482 Application No.10538 of 2018 noticing the serious defect in the investigation.
It is, thus, submitted that the petitioner has a reasonable apprehension that the police authorities would not make proper, fair and impartial investigation in the First Information Report lodged by her on 26.4.2018.
A written application, therefore, has been moved by the
petitioner before the Deputy Inspector General Police, Meerut Range Meerut on 1.5.2018 for transfer of the investigation from Civil Police to any other branch of the State Police but no action, whatsoever, has been taken on the prayer made by the petitioner.
Learned AGA assures that the Deputy Inspector General, Meerut Range Meerut would consider the grievances of the petitioner and take an appropriate decision by passing a reasoned and speaking order in accordance with law.
In view of the assurance given by the learned AGA in the open Court, this petition is being disposed of with the following observations and directions:-
(1) The petitioner shall move a fresh comprehensive application raising all her grievances before the Deputy Inspector General of Police, Meerut Range Meerut within a period of one week along with a certified copy of this order.
(2) In the event, such an application is moved by the petitioner, the respondent No.4 would be under obligation to take an expeditious decision, preferably, within a period of three weeks thereafter, by passing a reasoned and speaking order under due intimation to the petitioner.
Disposed of.
Order Date :- 15.6.2018 NSC
(Sunita Agarwal, J.)
(Ajit Kumar, J.)
1 issue framed by the court
Whether to transfer the criminal investigation as prayed by the petitioner alleging improper investigation.
Reetu @ Chinu
State Of U.P.
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
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